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Difficulty: HardLocal Self-Government: Panchayati Raj and Urban Local Bodies (73rd & 74th Amendments)

Regarding the constitutional safeguards and functional framework of the State Election Commission under Article 243K of the Constitution of India, which of the following statements is correct?

  1. The State Election Commissioner is appointed by the Governor, but can be removed from office only in the like manner and on the like grounds as a Judge of a High Court.Answer
  2. B
    The State Election Commissioner holds office during the pleasure of the Governor and may be removed through a notification issued by the State Cabinet.
  3. C
    The service conditions and tenure of the State Election Commissioner are prescribed directly by the Election Commission of India to ensure uniformity across states.
  4. D
    The powers of superintendence, direction, and control over urban local body elections are exercised under Article 243K, while rural panchayat elections are managed by the State Finance Commission under Article 243I.

Answer

The State Election Commissioner is appointed by the Governor, but can be removed from office only in the like manner and on the like grounds as a Judge of a High Court.
Under Article 243K(2) of the Constitution of India, the State Election Commissioner is appointed by the Governor of the State. To ensure institutional autonomy, the Constitution provides that the Commissioner shall not be removed from office except in the like manner and on the like grounds as a Judge of a High Court, and their conditions of service shall not be varied to their disadvantage after appointment.

Step-by-Step Solution

1
Identify the relevant constitutional article governing the State Election Commission
Article 243K of Part IX of the Constitution of India vests the superintendence, direction, and control of the preparation of electoral rolls and the conduct of all elections to the Panchayats in a State Election Commission.
Establishing the constitutional basis for local body elections.
2
Analyze appointment and removal provisions under Article 243K(2)
The State Election Commissioner is appointed by the Governor. However, to guarantee independence, the Commissioner cannot be removed except in the manner and on the grounds prescribed for a High Court Judge.
Verifying the security of tenure and removal procedures.
3
Evaluate the role of the Governor versus the Central/State executive
The Governor determines service conditions subject to state legislation, but cannot vary them to the Commissioner's disadvantage after appointment. Removal requires presidential action based on a parliamentary address, not state cabinet pleasure.
Eliminating options confusing executive pleasure and administrative jurisdiction.

Key Concept

Constitutional safeguards and independence of the State Election Commission under Article 243K
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Topics

Local Self-Government: Panchayati Raj and Urban Local Bodies (73rd & 74th Amendments)

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