IAS Gyan

Daily News Analysis

Bureaucrats cannot be State Election Commissioners: SC  

13th March, 2021 Polity

Context: The Supreme Court held that independent persons and not bureaucrats should be appointed State Election Commissioners.

 

Supreme Court’s Stand:

  • It said that giving government employees the additional charge of State Election Commissioners is a mockery of the Constitution.
  • It directed that the States should appoint independent persons as Election Commissioners all along the length and breadth of the country.
  • The independence of Election Commissions cannot be compromised at any cost.
  • The judgment criticised the Goa government for giving its Law Secretary the additional charge of State Election Commissioner.
  • 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:

(Article 243K in The Constitution Of India)

  • The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election Commission.
  • State Election Commissioner to be appointed by the Governor.
  • State Election Commissioner shall not be removed from his office except in like manner and on the like ground as a Judge of a High Court.
  • The conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.

 

 

https://www.thehindu.com/todays-paper/bureaucrats-cannot-be-state-election-commissioners-sc/article34057282.ece