UPPSC 2020 Prelims GS Paper-I · Question 100 of 150

Correct — D, The State Election Commission. Article 243K, inserted by the 73rd Constitutional Amendment Act, 1992, vests the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, ALL elections to the Panchayats in a State Election Commission (SEC), consisting of a State Election Commissioner appointed by the Governor. (Article 243ZA does the same for Municipalities.) These local-body elections are deliberately kept OUT of the Election Commission of India's remit.

• (a)The Governor — The Governor merely APPOINTS the State Election Commissioner and protects his tenure; the Governor does not himself superintend, direct or conduct panchayat elections.
• (b)The Election Commission of India — The ECI (Article 324) conducts elections to Parliament, State Legislatures and the offices of President and Vice-President — it has NO role in panchayat or municipal elections.
• (c)The District Panchayat Raj Officer — The DPRO is an administrative officer of the state's panchayati raj department; he is not the constitutional authority for conducting elections.

The 73rd Amendment created a distinct constitutional machinery for local elections. Article 243K establishes a State Election Commission (SEC) to superintend, direct and control all panchayat elections — mirroring the ECI's role but kept separate from it. The SEC is an independent constitutional body: the State Election Commissioner can be removed only in the same manner and on the same grounds as a High Court judge, and his service conditions cannot be varied to his disadvantage after appointment.

The trap is to pick the Election Commission of India by analogy. Remember the constitutional split of jurisdiction: the ECI (Article 324) handles Parliament, State Assemblies, President and Vice-President; the State Election Commission (Articles 243K and 243ZA) handles panchayats and municipalities. The Governor's role is limited to APPOINTING the State Election Commissioner — not running the polls. Hence the answer is (d).

• Article 243K — the State Election Commission superintends, directs and controls ALL panchayat elections
• Inserted by the 73rd Constitutional Amendment Act, 1992 (Article 243ZA does the same for municipalities)
• State Election Commissioner is appointed by the Governor and removable only like a High Court judge
• The ECI (Article 324) covers Parliament / State Assemblies / President / Vice-President — NOT local bodies

• Assuming the Election Commission of India conducts panchayat/municipal elections
• Confusing 'appoints' (the Governor) with 'conducts / superintends' (the State Election Commission)

UPSC/UPPSC test who conducts panchayat and municipal elections and the ECI-vs-State-Election-Commission jurisdiction split.

• practice — not a real PYQ

  The State Election Commissioner is appointed by

  • (a)the President of India
  • (b)the Chief Election Commissioner of India
  • (c)the Governor of the State
  • (d)the State Legislature

  Answer(c) the Governor of the State — Article 243K, though the Commissioner is removable only like a High Court judge.

• practice — not a real PYQ

  The superintendence, direction and control of elections to the Municipalities is vested in

  • (a)the Election Commission of India
  • (b)the State Election Commission
  • (c)the District Collector
  • (d)the State Legislature

  Answer(b) the State Election Commission — Article 243ZA, mirroring Article 243K for panchayats.