Topic – Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.
3) Discuss the similarities and the difference between the Election Commision of India and the State Election Commissions. (250 words)
Discuss- this is an all-encompassing directive which mandates us to write in detail about the key demand of the question. we also have to discuss about the related and important aspects of the question in order to bring out a complete picture of the issue in hand.
Key demand of the question
The question wants us to write in detail about the similarities between ECI and SECs. It also wants us to highlight and discuss the difference between the ECI and SECs.
Structure of the answer
Introduction– write a few introductory lines about the ECI and SECs. E.g Supervision and conduct of elections are entrusted with two constitutional authorities — the Election Commission (EC) of India and the State Election Commissions (SECs).
- Discuss the similarities between the ECI and SECs. E.g like the removal of a Chief Election Commissioner, the State Election Commissioner can only be removed via impeachment. In 2006, the Supreme Court emphasised the two constitutional authorities enjoy the same powers. In Kishan Singh Tomar vs Municipal Corporation of the City of Ahmedabad, the Supreme Court directed that 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. Article 243-O of the Constitution bars interference in poll matters set in motion by the SECs; Article 329 bars interference in such matters set in motion by the EC. Only after the polls are over can the SECs’ decisions or conduct be questioned through an election petition.
- Discuss the differences between the two. E.g Set up in 1950, the EC is charged with the responsibility of conducting polls to the offices of the President and Vice President of India, to Parliament, and to the state Assemblies and Legislative Councils. The SECs, which were appointed in each state more than four decades after the EC was set up, supervise municipal and panchayat elections. Although the two authorities have a similar mandate, they are independent of each other and draw powers from different laws. Each SEC is governed by a separate state Act etc.
Conclusion– based on your discussion, form a fair and a balanced conclusion on the given issue.