The Supreme Court has held that independent persons and not bureaucrats should be appointed as State Election Commissioners.
Key takeaways
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 across India.
Important value additions
Article 243K
Article 243K deals with the Elections to the Panchayats.
It states that 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.
It shall consist of a State Election Commissioner to be appointed by the Governor.
The conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rule determine.
The 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.
