How a State Election Commission’s mandate differs from that of the Election Commission of India’s? Do they have similar powers and independence? Compare. (200 words)
Refer – The Indian Express
Enrich the answer from other sources, if the question demands.
IAS Parliament 7 years
KEY POINTS
· Set up in 1950, the EC is charged with the responsibility of conducting polls to the offices of the President and Vice President of India, to Parliament, and to the state Assemblies and Legislative Councils.
· The SECs, which were appointed in each state, supervise municipal and panchayat elections.
· Although the two authorities have a similar mandate, they are independent of each other and draw powers from different laws.
· The provisions of Article 243K of the Constitution, which provides for setting up of SECs, are almost identical to those of Article 324 related to the EC.
· In other words, the SECs enjoy the same status as the EC.
· For example, like the removal of a Chief Election Commissioner, the State Election Commissioner can only be removed via impeachment.
· In 2006, the Supreme Court emphasised the two constitutional authorities enjoy the same powers.
· In Kishan Singh Tomar vs Municipal Corporation of the City of Ahmedabad, the Supreme Court directed that state governments should abide by orders of the SECs during the conduct of the panchayat and municipal elections, just like they follow the instructions of the EC during Assembly and Parliament polls.
· Article 243-O of the Constitution bars interference in poll matters set in motion by the SECs; Article 329 bars interference in such matters set in motion by the EC.
· Courts cannot interfere in the conduct of polls to local bodies and self-government institutions once the electoral process has been set in motion.
· Only after the polls are over can the SECs’ decisions or conduct be questioned through an election petition.
· This powers enjoyed by the SECs are the same as those by the EC.
· State Election commissioners are appointed by the state governors and can only be removed by impeachment.
· Although state election commissioners are as independent as ECI’s, in practice many have struggled to assert their independence.
