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

Consider the following statements regarding the constitutional provisions under Part IX of the Constitution of India (73rd Constitutional Amendment Act):

1. The State Election Commissioner is appointed by the Governor of the State, but can only be removed from office in the same manner and on the same grounds as a Judge of a High Court.
2. A Panchayat reconstituted after premature dissolution continues for a full fresh term of five years from the date appointed for its first meeting.
3. The 73rd Constitutional Amendment Act makes the reservation of seats for Other Backward Classes (OBCs) in Panchayats at any level a compulsory provision across all States.

Which of the statements given above is/are correct?

  1. 1 onlyAnswer
  2. B
    1 and 2 only
  3. C
    2 and 3 only
  4. D
    1, 2 and 3

Answer

The statement stating that the State Election Commissioner is appointed by the Governor but removed in the same manner as a High Court Judge is the only correct statement.
Statement 1 is correct because Article 243K(2) protects the independence of the State Election Commissioner by mandating that removal can only occur in like manner and on like grounds as a Judge of a High Court. Statement 2 is incorrect because Article 243E(4) limits the duration of a Panchayat reconstituted after premature dissolution to the remaining term only. Statement 3 is incorrect because reservation for Backward Classes is a voluntary provision under Article 243D(6). Therefore, only Statement 1 is correct.

Step-by-Step Solution

1
Evaluate Statement 1 regarding the removal procedure of the State Election Commissioner.
According to Article 243K(2), while the Governor appoints the State Election Commissioner, the Commissioner can be removed only in like manner and on like grounds as a Judge of a High Court (i.e. by order of the President following an address by Parliament). Hence, Statement 1 is correct.
Ensuring independence of the State Election Commission.
2
Evaluate Statement 2 regarding the tenure of a reconstituted Panchayat.
Article 243E(4) specifies that a Panchayat constituted upon the premature dissolution of a Panchayat shall continue only for the remainder of the period for which the dissolved Panchayat would have continued. Hence, Statement 2 is incorrect.
Preventing perpetual alteration of election cycles.
3
Evaluate Statement 3 regarding compulsory vs voluntary reservation provisions.
Under Article 243D(6), providing reservation of seats or offices of chairpersons for backward classes of citizens is a voluntary (discretionary) provision left to State Legislatures, unlike compulsory reservations mandated for Scheduled Castes, Scheduled Tribes, and Women. Hence, Statement 3 is incorrect.
Distinguishing compulsory constitutional mandates from state-level discretionary powers.

Key Concept

Constitutional provisions under 73rd Amendment Act, 1992 (Articles 243D, 243E, and 243K)
Estimated Time:1m 30s
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Topics

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

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