This article, Article 243K, forms a crucial part of the 73rd Constitutional Amendment Act, 1992, which introduced Part IX (The Panchayats) to the Constitution. It is a vital provision that ensures free and fair elections to the Panchayats at all levels – village, intermediate, and district. Its core function is to establish the State Election Commission and define its role in conducting Panchayat elections.
Original Text
243K. Elections to the Panchayats.
(1) 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 consisting of a State Election Commissioner to be appointed by the Governor.
(2) Subject to the provisions of any law made by the Legislature of a State, the conditions of service of the State Election Commissioner and the Deputy Election Commissioners shall be such as the Governor may by rule determine:
Provided that the State Election Commissioner shall not be removed from his office except in the like manner and on the like grounds as a Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.
(3) The Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Panchayats.
Detailed Explanation
Article 243K mandates the establishment of a State Election Commission (SEC) in each state. This SEC is responsible for overseeing the entire election process for Panchayats. This includes:
- Preparing electoral rolls.
- Conducting the elections.
- Superintendence, direction, and control over the election process.
The State Election Commissioner, who heads the SEC, is appointed by the Governor of the state. The conditions of service for the Commissioner are determined by the Governor, subject to any laws made by the State Legislature. The removal process for the State Election Commissioner mirrors that of a High Court Judge, ensuring independence and security of tenure. The article also empowers the State Legislature to make laws related to all aspects of Panchayat elections.
Detailed Notes
- Establishment of State Election Commission (SEC): Article 243K mandates the creation of an SEC in each state.
- Responsibility of SEC: The SEC is responsible for the preparation of electoral rolls and the conduct of Panchayat elections.
- Appointment of State Election Commissioner: The State Election Commissioner is appointed by the Governor.
- Conditions of Service: The Governor determines the conditions of service of the State Election Commissioner and Deputy Election Commissioners, subject to State laws.
- Removal of State Election Commissioner: The removal process is the same as that of a High Court Judge, ensuring independence.
- Legislative Power: The State Legislature can make laws relating to elections to Panchayats.
- Independence of SEC: The provisions regarding the appointment and removal of the State Election Commissioner aim to ensure the SEC’s independence and impartiality.
- Scope of Elections: The article covers elections at all three levels of Panchayats: village, intermediate, and district.
- Superintendence, Direction and Control: These key terms mean that the SEC has full authority over the conduct of elections, encompassing all stages.
Additional Comments
- The independence of the State Election Commission is crucial for ensuring free and fair Panchayat elections.
- The appointment and removal procedures are designed to protect the Commissioner from political influence.
- State Legislatures can enact laws to regulate various aspects of Panchayat elections, such as the qualifications for candidates, electoral offences, and the conduct of polls.
- Article 243K, along with other provisions of the 73rd Amendment, reflects a commitment to decentralized governance and participatory democracy at the grassroots level.
- The role of the SEC extends to dealing with election-related disputes and grievances that may arise during or after the election process.
Summary
Article 243K establishes the State Election Commission and outlines its pivotal role in conducting free and fair elections to the Panchayats. It ensures the independence of the SEC through appointment by the Governor and a secure tenure mirroring a High Court Judge. The State Election Commission oversees the entire election process, including the preparation of electoral rolls and the conduct of elections at all Panchayat levels. The provision empowers State Legislatures to legislate on various aspects of Panchayat elections, reinforcing the principle of decentralized governance.