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Question

In India The State election Commissioner is appointed by the _______.

This question was previously asked in
SSC CGL 2023 (Tier-II) Paper 1 Previous Year Paper (26-Oct-2023) (Shift-1)
The correct answer is

Governor 

Understanding the electoral system in India involves knowing the roles and responsibilities of various election authorities. The question focuses on who appoints the State Election Commissioner (SEC) in India, a key figure responsible for conducting elections to local self-governing bodies.

Analyzing the State Election Commissioner Appointment Question

The question asks specifically about the appointing authority for the State Election Commissioner in India. This role is distinct from the Election Commission of India (ECI), which conducts elections for the Parliament, state legislatures, and the offices of President and Vice-President.

The State Election Commissioner is established by the respective state governments as mandated by the Constitution of India under Articles 243K and 243ZA. These articles deal with elections to Panchayats and Municipalities, respectively.

Exploring the Options for State Election Commissioner Appointment

Let's examine the given options:

  • Chief Justice: The Chief Justice of a High Court or the Chief Justice of India is primarily involved in the judicial system. While they administer oaths to certain high functionaries, they are not the appointing authority for the State Election Commissioner.
  • President: The President of India appoints the Chief Election Commissioner and other Election Commissioners of the Election Commission of India. However, the President does not appoint the State Election Commissioner.
  • Governor: The Governor is the constitutional head of the state. The Constitution vests the power to appoint the State Election Commissioner with the Governor of the respective state.
  • Chief Minister: The Chief Minister is the head of the state government. While the Chief Minister and the Council of Ministers advise the Governor, the formal appointment is made by the Governor.

The Role of the Governor in Appointing the State Election Commissioner

According to Article 243K(1) and Article 243ZA(1) of 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 and the Municipalities shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.

This means the Governor of the state is the constitutional authority responsible for appointing the State Election Commissioner for that state.

Here is a comparison related to the appointment and removal of the Election Commission of India members and the State Election Commissioner:

Feature Election Commission of India (ECI) State Election Commission (SEC)
Appointing Authority President of India Governor of the respective State
Removal Method (Chief) Similar to a Judge of the Supreme Court (by Parliament) Similar to a Judge of the High Court (by President on Parliament's address)
Removal Method (Other Commissioners) By the President on the recommendation of the Chief Election Commissioner N/A (Usually a single member commission)
Constitutional Articles Article 324 Article 243K (Panchayats), Article 243ZA (Municipalities)

Based on the constitutional provisions, the Governor is the correct authority responsible for appointing the State Election Commissioner.

Revision Table: Key Points on State Election Commissioner

Aspect Details
Role Conducts elections for Panchayats and Municipalities
Constitutional Basis Articles 243K and 243ZA
Appointing Authority Governor of the State
Removal Authority President (on address from Parliament, similar to High Court Judge)

Additional Information on State Election Commission

The State Election Commission is an independent constitutional body in each state responsible for supervising, directing, and controlling the electoral processes for local self-governing bodies (both rural and urban). This was a significant step towards strengthening democracy at the grassroots level, introduced by the 73rd and 74th Constitutional Amendment Acts of 1992.

The conditions of service and tenure of office of the State Election Commissioner are determined by the Governor of the State, subject to the provisions of any law made by the Legislature of the State.

While the State Election Commissioner is appointed by the Governor, they can only be removed from office in a manner similar to the removal of a Judge of a High Court, which requires an order from the President based on an address passed by both Houses of Parliament.

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Important Questions from Constitutional Bodies

  1. Who among the following is the only President of India to have completed two terms in office till date?

  2. Consider the following statements: Attorney General of India can 

    1. take part in the proceedings of the Lok Sabha 

    2. be a member of a committee of the Lok Sabha 

    3. speak in the Lok Sabha 

    4. vote in the Lok Sabha 

    Which of the statements given above is/are correct?

  3. Which article of the Indian Constitution deals with the vesting of the superintendence, direction and control of elections in the Election Commission?

  4. Who will remain the Attorney General of India till June 30, 2022?

  5. Choose the correct alternative:

    The Chairman of a Joint Public Service Commission for two or more States is appointed by

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