SC Ruling on Appointment of “State Election Commissioners”

What is the news?

The Supreme Court held that independent persons should be appointed State Election Commissioners, not the Bureaucrats holding government office.

What was the case?

  • The Supreme Court gave this judgment in a case related to Goa. There the law secretary was given the charge of State Election Commissioner.

What are the key observations of the Supreme Court Judgment?

  • States should appoint independent persons and not bureaucrats holding government office as Election Commissioners. Because the independence of EC cannot be compromised at any cost.
  • The court has also asked all states to comply with the constitutional scheme of the independent State Election Commissioner(SEC).
    • Under the constitutional mandate, it is the duty of the State to not interfere with the functioning of the State Election Commission.

About State Election Commission(SEC):

  • State Election Commission is a constitutional authority. It is constituted under the provisions of Article 243K read with article 243ZA of The Constitution of India.
  • Purpose: They were constituted for superintendence, direction, and control of the preparation of electoral rolls for all elections to the Panchayats and the Municipalities.
  • Composition: The State Election Commission is a single-member Commission comprising the State Election Commissioner.
  • Appointment: Governor appoints the State Election Commissioner of the State. They enjoy the same powers as Election Commission of India(ECI). SEC can only be removed from his office on the same grounds and procedures as a judge of a High Court.

Source: The Hindu


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