Previous Year Question
Study the following statements and select the correct answer from the code given below:
Assertion (A): The State Election Commission is a constitutional authority.
Reason (R): Elections to rural local bodies are overseen by the Election Commission of India.
Codes:
Both (A) and (R) are true and (R) is correct explanation of (A).
Both (A) and (R) are true, but (R) is not the correct explanation of (A).
(A) is false, but (R) is true.
(A) is true, but (R) is false.
Correct Answer: D
Detailed Solution
Assertion (A) is correct. The State Election Commission has a direct constitutional basis. Under Article 243K, the superintendence, direction and control of preparation of electoral rolls and conduct of all elections to Panchayats are vested in the State Election Commission.
The State Election Commission consists of a State Election Commissioner appointed by the Governor. To protect its independence, the Constitution also provides that the State Election Commissioner cannot be removed except in the same manner and on the same grounds as a Judge of a High Court.
Reason (R) is incorrect. Elections to rural local bodies or Panchayats are not supervised by the Election Commission of India; they are supervised and controlled by the State Election Commission. Article 243K expressly establishes this constitutional arrangement.
The Election Commission of India and the State Election Commission are distinct constitutional electoral authorities. The Election Commission of India principally deals with elections to Parliament, State Legislatures and the offices of President and Vice-President, whereas the State Election Commission deals with elections to Panchayats and Municipalities.
For Municipalities as well, Article 243ZA vests the superintendence, direction and control of elections in the same State Election Commission referred to under Article 243K.
Thus, the targeted distinction is—
ECI → Parliament + State Legislatures + President + Vice-President
SEC → Panchayats + Municipalities