DAILY NEWS ANALYSIS

GS-II : Indian Polity Election commission

13 March, 2021
8 Min Read

Bureaucrats cannot be State Election Commissioners: SC

The Supreme Court on Friday held that independent persons and not bureaucrats should be appointed State Election Commissioners.
The top court directed that the States should appoint independent persons as Election Commissioners all along the length and breadth of the country.

‘Give up post’

It said government employees holding the post of State Election Commissioners as an additional charge should give up the post.
The Supreme Court said its direction should be followed strictly.
The independence of Election Commissions cannot be compromised at any cost, the Bench said, adding that it was “disturbing” to see government employees manning State Election Commissions as an add-on job.
The judgment criticised the Goa government for giving its Law Secretary the additional charge of State Election Commissioner.
“Under the constitutional mandate, it is the duty of the State to not interfere with the functioning of the State Election Commission,” the Bench said.

Steps To Be Taken

1. The state governments need to follow the guidelines given by the Supreme Court in Kishan Singh Tomar vs Municipal Corporation of Ahmedabad case:

The provisions of Article 243K of the Constitution, which provides for the setting up of SECs, are almost identical to those of Article 324 related to the ECI.
Also, the state governments should abide by orders of the SECs during the conduct of the panchayat and municipal elections, just like they follow the instructions of the EC during Assembly and Parliament polls.

2. 2nd Administrative Reforms Commission Recommendation

The State Election Commissioner should be appointed by the Governor on the recommendation of a collegium, comprising the Chief Minister, the Speaker of the State Legislative Assembly and the Leader of Opposition in the Legislative Assembly.
An institutional mechanism should be created to bring the Election Commission of India and the SECs on a common platform for coordination, learning from each other’s experiences and sharing of resources.

3. Law Commission 255th Report on Electoral Reforms

It is recommended, adding a new sub-clause to Article 324 of the Constitution to provide for a separate independent and permanent Secretariat for the ECI along the lines of the Lok Sabha/Rajya Sabha Secretariats under Article 98 of the Constitution.
Similar provisions can also be made for the State Election Commissions to ensure autonomy, and free and fair local body election.

Source: TH

Join Our Telegram

Sri Lanka Civil War

Vapour Recovery System

India–Azerbaijan

05 Apr, 26
SHARE

A year after tensions arising from Operation Sindoor, India and Azerbaijan have taken steps to restore and normalise bilateral relations. The 6th round of Foreign Office Consultations, held in Baku, marked the first such engagement since 2022, signaling renewed diplomatic momentum. Recent Diplomatic Engagement During the consultations, bo

India–Australia Economic Cooperation and Trade Agreem

04 Apr, 26
SHARE

The India–Australia Economic Cooperation and Trade Agreement has completed four years since its signing. Both countries now aim to build on this progress through strengthened collaboration and ambitious targets, including reaching AUD 100 billion in bilateral trade by 2030. What is the India–Australia Economic Cooperation and Tra

ADR Report on Political Funding

03 Apr, 26
SHARE

A recent report by the Association for Democratic Reforms (ADR) analyses donations of ?20,000 or more declared to the Election Commission of India (ECI) by national political parties for FY 2024–25, highlighting transparency and accountability in political financing. Key Findings Massive Funding Surge Total donations to nationa

Maritime Chokepoints

03 Apr, 26
SHARE

Maritime chokepoints are narrow channels along global shipping routes where maritime traffic is concentrated. These points are geopolitically and economically critical, as they handle a large proportion of global trade, especially energy shipments. Current Relevance Over two-thirds of seaborne energy trade passes through a handful o

US-Israel-Iran War

01 Apr, 26
SHARE

Following the launch of Operation Epic Fury (U.S.) and Operation Roaring Lion (Israel), the geopolitical landscape has shifted fundamentally with the confirmed death of Iran’s Supreme Leader, Ayatollah Ali Khamenei.Iran retaliated through Operation True Promise 4, launching missile attacks against Israel and nearby Gulf states. The escala

Quick Links Testimonials FAQ

Crash Course

Regular Modules 2024

Mains

Optional

Bureaucrats cannot be State Election Commissioners: SC

Bureaucrats cannot be State Election Commissioners: SC

India–Azerbaijan

India–Australia Economic Cooperation and Trade Agreem

ADR Report on Political Funding

Maritime Chokepoints

US-Israel-Iran War

DNA

05 Apr,2026

Important GS Topics

Toppers

Search By Date

Top Editorials

UPSC Courses

Saarthi Mentorship Programme

Important Tags

Articles:Geography And Environment

Articles: History Culture Society

Articles: Governance & National Issues

Articles: IR & IO

Articles: Economic Development & Economic Issues

Articles: S&T Internal Security

Articles: Ethics & Others

Articles: Others

Newsletter Subscription

SMS Alerts

Important Links