State Election Commission

(GS Paper 2, Government Institutions

Source- The Hindu)

Why in news

 The Supreme Court ruled that serving Bureaucrats must not be appointed as Election Commissioner to ensure that the independence of the office of the election commissioner is not compromised

 key points

  • The Bench of the Supreme Court was hearing an appeal by the Goa government against an Order of the Bombay High Court.
  •  The Bombay High Court had earlier castigated the state election commission for not acting independently
  • During the preceding it came to notice notice that the law Secretary of the Goa state was given additional charge of the state election commission
  •  The removal of Andhra Pradesh State Election Commissioner via Ordinance route is an example encroaching upon the independence of the Constitutional body

 State Election Commission 

 Article 243K(1)- It  states that the Superintendence, Direction and control of the preparation of electoral roll for and the conduct of all elections to the panchayat

  •  It shall be vested in a state election commission consisted of a state election commissioner to be appointed by the Governor

Article 243K(2)-   It States that the tenure and appointment will be directed at per  the law made by the state legislature

  •  It shall be vested in a state election commission consisting of a a state election commissioner to be appointed by the Governor

Steps to be taken

 Supreme Court directive

  •  The state governments need to follow the guidelines given by the supreme court in Kishan Singh Tomar versus municipal corporation of Ahmedabad case
  •  The provisions of article 243 K of the constitution which provide for setting up of state election commissioner are almost identical to those of article 324 related to Election Commission of India
  •  The state government should abide by orders of of the state election commissioner during the conduct of the panchayat and Municipal Elections

 Second Administrative Reforms Commission recommendation

 constitution of the state election commission:

 the state election commission should be appointed by the Governor on the Recommendation of a collegium comprising-

  •  the chief minister 
  •  the speaker of the state legislative assembly
  •  the leader of opposition in the Legislative Assembly
  • An institutional mechanism should be created to bring the election commission of India and the state election commission on a common platform
  •  To co-ordinate and learn from each other experience and sharing of resources

-Khyati Khare

Download Plutus IAS Daily Current Affairs of 15th March 2021