Consider the following statements
- The tenure and appointment of the state election commissioner is directed as per the law made by the state legislature.
- The State Election Commissioner is appointed by the President.
Select the correct statement.
Explanation:
The Constitution of India vests in the State Election Commission, consisting of a State Election Commissioner, the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections to the Panchayats and the Municipalities (Articles 243K, 243ZA).
- The State Election Commissioner is appointed by the Governor.
- Article 243K(1): It states that the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats (Municipalities under Article 243ZA) shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.
- Article 243K(2): It states that the tenure and appointment will be directed as per the law made by the state legislature.
- However, State Election Commissioner shall not be removed from his/her office except in like manner and on the like grounds as a Judge of a High Court.
- As per Article 243(C3) the Governor, when so requested by the State Election Commission, makes available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the SEC.
- Part-IX and Part-IXA were incorporated through the amendment no.73 and no.74 in the constitution of India covering provisions regarding the Panchayats and Municipalities respectively.
- These parts cover constitutions of Panchayats and Municipality including their elections by the State Election Commission.
Hence only statement 1st is correct.
By: Shubham Tiwari ProfileResourcesReport error