The top court directed all state election commissioners across the country, who currently hold an additional charge, to step down immediately, stating that a government employee or bureaucrat cannot be appointed as Election Commissioner.
Context
The top court directed all state election commissioners across the country, who currently hold an additional charge, to step down immediately, stating that a government employee or bureaucrat cannot be appointed as Election Commissioner.
What did the Supreme Court order?
- The Supreme Court refrained the government from entrusting additional charges of State Election Commissioner to a government official and ordered the Goa government to appoint an independent election commissioner.
State Election Commission
- Mandate: Under Article 243K of the constitution the superintendence, direction, and control of the preparation of electoral rolls and the conduct of all elections to the panchayats shall be vested in the state election commission.
- The state legislature may make provisions with respect to all matters relating to elections to the panchayats.
- Commissioners: It consists of a state election commissioner to be appointed by the governor.
- Condition of service: His conditions of service and tenure of office shall also be determined by the governor.
- Removal:He shall not be removed from the office except in the manner and on the grounds prescribed for the removal of a judge of the state high court.
- A state election commissioner cannot be removed by the governor, though appointed by him.
- His conditions of service shall not be varied to his disadvantage after his appointment.
- Powers and Functions
- The state legislature may endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government.
(a) the preparation of plans for economic development and social justice;
(b) the implementation of schemes for economic development and social justice as may be entrusted to them, including those about the 29 matters listed in the Eleventh Schedule.
Other directives for more independence of Commissioners
- Supreme Court Directive
- The state governments need to follow the guidelines given by the Supreme Court in Kishan Singh Tomarvs Municipal Corporation.
- Second Administrative Reforms Commission Recommendation
- It recommended for the appointment of State Election Commissioner by the Governor on the recommendation of a collegium, comprising the Chief Minister, the Speaker of the State Legislative Assembly, and the Leader of Opposition in the Legislative Assembly.
- Law Commission 255th Report
- It is recommended, to add a new sub-clause to Article 324 of the Constitution to provide for a separate independent and permanent Secretariat for the ECI.
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