Previous Year Question

Statement 1 is correct. The State Election Commission has a direct constitutional basis. Under Article 243K, the superintendence, direction and control of the preparation of electoral rolls and conduct of elections to Panchayats are vested in a State Election Commission. It consists of a State Election Commissioner appointed by the Governor.

Statement 2 is also correct. The State Finance Commission has its constitutional basis in Article 243-I. The Governor is required to constitute a Finance Commission at the expiration of every fifth year to review the financial position of Panchayats and recommend principles for distribution of taxes, grants-in-aid and measures for improving their finances.

Statement 3 is also treated as correct. Article 243B expressly provides for the constitution of Panchayats at the village, intermediate and district levels in every State. The district-level Panchayat is known in different States by names such as Zila Panchayat or Zila Parishad. Thus, the institution of the Zila Panchayat derives directly from Part IX of the Constitution.

Statement 4 is not correct. The “State Electoral Officer”, or the Chief Electoral Officer used in election administration, is not an office directly created by the Constitution. The Chief Electoral Officer is provided for under Section 13A of the Representation of the People Act, 1950; therefore, it is a statutory electoral authority, not a constitutional authority.

An important distinction is between the State Election Commission and the Chief Electoral Officer. The State Election Commission has its constitutional basis in Article 243K and is principally associated with Panchayat and Municipal elections; the Chief Electoral Officer forms part of the statutory election machinery functioning under the Election Commission of India for elections to Parliament and State Legislatures.

Thus—

State Election Commission ✓
State Finance Commission ✓
Zila Panchayat ✓
State Electoral Officer ✗