Topics Covered: Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these.
HC asks A.P. govt. to reinstate Ramesh Kumar
What to study?
For Prelims: SEC- composition, functions and powers, Andhra ordinance- features.
For Mains: Implications of HC judgment, significance and way ahead.
Context: The Andhra Pradesh High Court has struck down the Andhra Pradesh Panchayat Raj Ordinance and the consequential Government orders.
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- The Court has directed the government to reinstate Mr. Ramesh Kumar with immediate effect.
What’s the issue?
The Andhra Pradesh government through its ordinance and government Orders had cut short the term of the State Election Commissioner (SEC) from five to three years, resulting in the expulsion of the standing EC from the post.
The ordinance also confers powers to the district collectors to disqualify and punish candidates any time after being elected to the local bodies.
Why HC struck down the ordinance and government’s order?
The power conferred under Article 213 of the Constitution to promulgate ordinances was not an absolute entrustment, but was conditional on the satisfaction that the circumstances existed for such an action.
The impugned ordinance was in violation of Article 243-K, which states that a SEC could not be removed, except in the same manner as provided for a High Court judge.
About the State Election Commission:
The Constitution of India vests in the State Election Commission, consisting of a State Election Commissioner, the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections to the Panchayats and the Municipalities (Articles 243K, 243ZA).
Appointment:
The State Election Commissioner is appointed by the Governor.
As per article 243(C3) the Governor, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the SEC by clause (1).
The ECI and SECs have a similar mandate; do they also have similar powers?
- The provisions of Article 243K of the Constitution, which provides for setting up of SECs, are almost identical to those of Article 324related to the EC. In other words, the SECs enjoy the same status as the EC.
- 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.
Insta Link:
Prelims Link:
- Breach of privilege- application, implications and provisions in this regard.
- Applicability of impeachment process for various bodies under the Indian Constitution.
- Article 243 vs 324, similarities and differences in powers of state election commissions vs Election Commission of India.
- Appeals against decisions of Election Commissions.
- Elections to Parliament and state legislatures vs Local Bodies.
Mains Link:
Are the State Election Commissions in India as independent as the Election Commission of India? Discuss.
Sources: The Hindu
