State Election Commission - Composition, Functions and Role

Introduction
Free and fair elections through an institutional framework is the first and foremost condition for
a vibrant and functional democracy. At whatever level elections are to be held this framework
ensures that people’s will is registered and upheld for working of democratic institutions. For the
last more than six decades since it held her first elections, India has remained the largest and one
of the most effervescent democracies of the world, upholding its democratic system. Only a
handful of nations that came into independent existence around the time when India gained
Independence can boast of an operational democratic system. As a custodian of democracy, the
Election Commission of India is a robust mechanism serving as the backbone of system that
enliven and sustain the very principles that went into building of a democratic nation. It is the
independence, impeccable credibility and systemic fairness of Election Commission over the
years that has established it as an unbiased and constitutional authority that has gone a long way
in deepening the roots of democracy by developing and operationalizing an electoral system that
has a few parallel in the functional democracies of the contemporary world.

In the early nineties India witnessed a systematic endeavor to deepen the democracy up to
institutions of local government at the grassroots levels. The panchayati raj was given a
constitutional status by installing panchayats at the village, intermediary and district or taluka
level. Similarly, urban local bodies were made instruments of urban governance through
democratically elected representatives. Such a democratic decentralization of governance in a
massive geographical area of federal structure like India required an immaculate and infallible
mechanism for holding elections. The Constitutional Amendments that paved way for setting up
institutions of decentralized democratic governance also made provision for a dedicated state-
level electoral authority in the form of State Election Commissions.

Election Commission of India1

The Election Commission was established in accordance with the Constitution on 25th January
1950 as a permanent constitutional body. The Constitution of India has vested in the Election
Commission of India the superintendence, direction and control of the entire process for conduct
of elections to Parliament and Legislature of every State and to the offices of President and Vice-
President of India. Originally the commission had only a Chief Election Commissioner. It
currently consists of Chief Election Commissioner and two Election Commissioners. The
concept of multi-member Commission has been in operation since 1993, with decision making
power by majority vote.

1
Based on information at Election Commission’s Website: http://eci.nic.in/eci_main1/the_setup.aspx

1
At the state level, the election work is supervised, subject to overall superintendence, direction
and control of the Commission, by the Chief Electoral Officer of the State, who is appointed by
the Commission from amongst senior civil servants proposed by the concerned state government.
He is, in most of the States, a full time officer and has a small team of supporting staff. At the
district and constituency levels, the District Election Officers, Electoral Registration Officers and
Returning Officers, who are assisted by a large number of junior functionaries, perform election
work. They all perform their functions relating to elections in addition to their other
responsibilities. During election time, however, they are available to the Commission, more or
less, on a full time basis.

The gigantic task force for conducting a countrywide general election consists of nearly five
million polling personnel and civil police forces. This huge election machinery is deemed to be
on deputation to the Election Commission and is subject to its control, superintendence and
discipline during the election period, extending over a period of one and half to two months.

In the performance of its functions, Election Commission is insulated from executive

interference. It is the Commission which decides the election schedules for the conduct of
elections, whether general elections or bye-elections, on the location polling stations, assignment
of voters to the polling stations, location of counting centres, arrangements to be made in and
around polling stations and counting centres and all allied matters.

Political parties are required to be registered with the Election Commission under the law.
Political Parties registered with it are granted recognition at the State and National levels by the
Election Commission on the basis of their poll performance at general elections according to
criteria prescribed by it. Election Commission ensures a level playing field for the political
parties in election fray, through strict observance by them of a Model Code of Conduct evolved
with the consensus of political parties.

State Election Commission

The enactment of 73rd and 74th Amendments to the Constitution of India by the Parliament is a
groundbreaking milestone in the path of achieving democratic decentralised administration by
constitutionally empowered institutions of local governance. The Amendments aimed at
administration to the grassroots level for the avowed objective of economic and social justice
through development planning and implementation according to local needs and aspirations. The
process of conducting elections to the local bodies is a constitutional obligation as per the said
Amendments. The fact remains that elections to these local bodies have widened the base of
India’s constitutional polity, with roughly about 3.6 million directly elected representatives, and
no less than 1 million women members, having made it as one of the biggest ever experiments
attempted in our country in the direction of deepening of democracy and empowerment at the
grassroots level. Further the number of local bodies in the country has now reached over 2.4 lakh

2
units. The task of such a gigantic nature has been entrusted to a new and distinct constitutional
apparatus in the form of state election commissions.
The State Election Commission, inter alia, is a significant corollary of the two amendmens to the
Constitution of India. It is by virtue of these provisions of the Constitution that the constitution
of State Election Commissions and appointment of State Election Commissioners are mandated
to superintend, direct and control the preparation of the electoral rolls for, and the conduct of
elections to Panchayats and Municipalities. Panchayats for this intent have been defined in
Article 243(d) read with Article 243B to mean institutions, by whatever name called, of self-
Government at the village, intermediate and district levels. Similarly, Municipalities are the
entities as defined in Article 243B(e) read with Articles 243Q, mean (a) Nagar Panchayats, by
whatever name called, for areas in transition from rural areas to urban areas, (b) Municipal
Councils for smaller areas and (c) Municipal Corporations for larger urban areas2.

Composition of SEC
According to Compendium of Instructions issues by the Election Commission of India, the State
Election Commissions, in furtherance of the country's democratic structure have been set up to
ensure holding of periodical elections at the grassroots level to elect representatives on the basis
of an impartial objective and fair election process. As per the powers vested in the Election
Commission of India provided in Article 324(6) of the Constitution, corresponding constitutional
powers have been vested in the State Election Commissions under article 243K(3) of the
Constitution. Election Commission acknowledges that it is duty-bound to extend to the State
Election Commissions all assistance and cooperation in its relations with them. State Election
Commissions have to follow broad constitutional guidelines in the matter of staff, their
nomination and deployment according to the relevant legislations enacted by Parliament/State
Legislatures and the rules made thereunder.

As per the article 243K of the Constitution the superintendence, direction and control of the
preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be
vested in a State Election Commission (SEC) consisting of a State Election Commissioner to be
appointed by the Governor. Subject to the provisions of this Constitution, the Legislature of a
State may, by law, make provision with respect to all matters relating to, or in connection with,
elections to the local bodies. The State Election Commission will be assisted for its functions by
the staff drawn from the state government employees as per the need. The Governor of a State
shall, 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
State Election Commission.

The Election Commission of India has clarified regarding officials and machinery under its
control vis a vis the State Election Commissions. The State Governments may utilize the services

2
http://eci.nic.in/archive/instruction/compendium/state_elec_comm/comm133a.htm

3
of the Chief Electoral Officers, District Election Officers, Electoral Registration Officers,
Returning Officers and Assistant Returning Officers (who are appointed by the Commission
under the various provisions of the Representation of the People Act, 1950 and the
Representation of the People Act, 1951)for the conduct of Panchayats and Municipalities
elections.
Terms of Appointment of SECs
The terms and conditions of appointment, administrative structure and staffing pattern of the
State Election Commissioners are to be clearly distinct and distinguishable from the
corresponding rules, terms and conditions and administrative structure and staffing pattern of the
Election Commission. This is emphasized to maintain a clarity in the minds of political parties,
candidates and the public at large about the officers and staff of the Election Commission and its
functions vis-a-vis the State Election Commissioners.

Further, according to the provisions of any law made by the Legislature of a State, the conditions
of service and tenure of office of the State Election Commissioner shall be such as the Governor
may by rule determine. The conditions of service of the State Election Commissioner shall not be
varied to his disadvantage after his appointment. The State Election Commissioner shall not be
removed from his office except in the same manner and similar grounds which have been laid
out for a Judge of a High Court.

Functions of SEC
The Election Commission of the States and Union Territories are distinctly different from
Election Commission of India which is an authority by virtue of its mandate and jurisdiction
assigned under the Constitution. It has no role in the preparation of the electoral rolls for or the
conduct of elections to the Panchayats and Municipalities.The State Election Commission of
each state, as a constitutional body, is responsible for conducting elections to the urban and rural
local bodies namely City Corporations, City Municipal Corporations, Town Municipal
Corporations, Town Panchayats, Zila Panchayats, Taluk Panchayats and Gram Panchayats. The
Commission in each state is empowered to conduct the elections to the local bodies regularly in
accordance with the provision of the State Acts and Rules. The SECs are vested with the powers
of 'superintendence, direction and control' for the preparation of electoral rolls. In effect this is
decentralized model of state-based election machinery attuned to local needs but having similar
powers and authority in conduct of elections what the Election Commission of India has on the
national scale.
Elections are conducted according to the constitutional provisions, supplemented by laws made
by State Assembly that mainly deal with the delimitation of territorial constituencies of
panchayat, the reservation there of, the preparation and revision of electoral rolls and conduct of
election to the three-tier Panchayat Raj Institutions. It also determines the delimitation of
territorial constituencies of Municipal Corporations, Municipal Councils and Nagar Panchayats.

4
Clarity in Staffing
According to the election rules of local, self-government bodies, district election officers for
panchayat elections, district municipal election, officers for elections of municipality, and city
election officers for the elections of municipal corporations are appointed for carrying out
various activities related to the elections. But the delimitation and allocation of seats for all
reserved categories, voter's list, election programmes are carried out by the State Election
Commission only.

But while working for the Panchayats and Municipalities elections a clear distinction is to be
made that these officers are performing duties relating to the said elections under the States Acts
and not under Article 324 of the Constitution. In other words, there should be unambiguous
provisions to the effect that no work is or should be entrusted to them in their capacity as District
Election Officers, Returning Officers, Electoral Registration Officers, etc. appointed by the
Election Commission of India under the Representation of the People Act, 1950 and
Representation of the People Act, 1951 or rules made thereunder and while functioning subject
to the superintendence, direction, control and discipline of the Election Commission of India.
In a notification of instruction3 about such a clarity the Election Commission instructed:

The Election Commission of India is vested with powers in respect of requisitioning

of staff, as provided for in Article 324(6) of the Constitution with respect to elections
under its charge for the efficient discharge of its functions. Corresponding
constitutional powers have been vested in the State Election Commissions under
article 243K(3) of the Constitution. The Constitutional Scheme envisages a healthy
respect for each other's powers and functions among all Constitutional Authorities so
that they work in harmony. Election Commission acknowledges that it is duty-bound
to extend to the State Election Commissions all assistance and cooperation in its
relations with them. At the same time, it would also request a reciprocal
understanding and appreciation of the legal position from the State Election
Commissions in the matter of staff, their nomination and deployment within the
parameters set by the Constitution, acts of Parliament/State Legislatures and the rules
made thereunder. On its part the Commission would like to assure that a spirit of
mutual cooperation and harmony will govern its dealings with the State Election
Commissions, consistent with its Constitutional obligations and commitments. The
Commission solicits full cooperation and goodwill from the State Election
Commissions.

3
http://eci.nic.in/archive/instruction/compendium/state_elec_comm/comm133b.htm

5
Residual Powers
As per the directives of the Supreme Court of India where the ordained laws are silent or make
inadequate provision to deal with a given situation in the conduct of elections, the Election
Commission has the residual powers under the Constitution to act in a suitable manner. The same
holds for the State Election Commissions also.

Role of SECs
A solemnattempt to establish and sustain democratic institutions at national or local level has to
be buttressed by a fool-proof mechanism of election. The veracity and acceptance of the
democratic institutions largely depends on the credibility, fairness and integrity of the legally
recognized framework and procedure of election. As mandated by the 73rd and 74th
Constitutional Amendment Acts the State Election Commissions play a vital role in the basic
function to erect the edifice of grassroots democracy which enjoy unflinching faith of the people
for whom they are meant.

A comparisons of Article 324 and Article 243 K of constitutions of India would show that the
State Election Commission has same powers with regard to Panchayat/Urban Local Bodies
Elections as Election Commission of India has regarding to Parliament and State
Assemblies.Elections are conducted according to the constitutional provisions, strictly in
accordance with the laws made by State Assembly. The primary role of the commission is to
conduct a free, fair and trustworthy election in the mandated area. Still the biggest and crucial
challenge before the commission is to minimize the malpractices and not to allow the polling
exercise to become a farce or an open field for law-breakers. It makes the role of State Election
Commission much more decisive, and its efficacy much more fundamental.

The process of election administration which covers a host of important functions brings SECs in
different roles:

Administrative Role:
Administration and provision of Logistics and detailing of staff and personnel. With the help of
district level and local officials the Commission ensuresmaintenance of poll peace. The
Commission also disposes of election related complaints. SEC uses electoral rolls as prepared by
the Election Commission of India and ensure smooth conduct of election to the bodies like PRIs
and ULBs.

Regulatory Role:
The Commission ensures adherence to the model code of conduct during the election period and
warrants scrutiny of election expenses. It also determines the delimitation of territorial
constituencies of Municipal Corporations, Municipal Councils and Nagar Panchayats and

6
controls the wings that mainly deal with the delimitation of territorial constituencies of
panchayat, the reservation thereof, the preparation and revision of electoral rolls and conduct of
election to the three-tier panchayat raj institutions.

Quasi-judicial Role:
The State Election Commission has been empowered to hear and dispose of the election
petitions, appeals, etc. It puts a heavy quasi-judicial burden on the Commission, because the
courts are not allowed by the Constitution to directly interfere in the conduct of elections.
However, the later appeals may go to the courts and the jurisdiction and verdicts or the
commission may be challenged.

Legal Jurisdiction of SECs

If it is not against any specific constitutional provision the Article 243(O) bars interference by
courts of law in the electoral matters. This specifically applies to:

(a) the validity of any law relating to the delimitation of constituencies or the allotment of
seats to such constituencies, made or purporting to be made under article 243K, shall
not be called in question in any court;
(b) no election to any Panchayat or municipal body shall be called in question except by an
election petition. Such petition is to be made to an authority and in a specified manner
according to the provision made by the Legislature of a State.

Control and Regulations over Election Symbols

In the elections to local government bodies that are held under the jurisdiction of the State
Election Commissioners appointed under Article 243K and 243 ZA of the Constitution of India,
free symbols are not automatically applicable in relation to elections to such bodies.

According to the notification by the Election Commission of India, in the interest of the political
parties which contest elections both to Parliament and State Legislature and also to Panchayats
and Municipalities, etc., and to avoid any confusion in the minds of electors in the matter of
identification of political parties and their election symbols, andfor the sake of uniformity
Election Commission of India allows the State Election Commissioners to recognize the national
and state political parties as recognized by the Election Commission of India and use the
symbols reserved for them, as also the free symbols for the purposes of elections to Panchayats
and Municipalities.

For this purpose the State Election Commissioner has to ensure the following withrespect to
recognition of political parties and allotment of election symbols:

a) The national and states political parties recognised by the Election Commission of India
have to be recognised under the very same name by the State Election Commissions.

7
 b) The national and states political parties recognised by the Election Commission of India
may be allowed to use only those very symbols which are reserved for them by the
Election Commission of India and not any other symbol.

c) The State Election Commissioners have to make necessary changes in the list of
recognised national and states political parties maintained by them if any interim or final
order is passed by the Election Commission of India recognising/derecognising a political
party or a group in a recognisednational and states political parties in pursuance of the
provisions of symbols order.

d) The State Election Commissioners may also use the symbols specified by Election
Commission of India as free symbols. It may, however, kindly be ensured that facsimiles
of the symbols are same as adopted by the Election Commission of India.

Summing Up
The Constitution of India vests in the State Election Commission, consisting of a State Election
Commissioner, the authority for superintendence, direction, control and preparation of electoral
rolls for elections, and their conduct to the Panchayats and the Municipalities. These SECs are
entrusted with an ordained duty to safeguard the democratic principles enshrined in the
Constitution. For this purpose adequate powers have been vested in these commissions. Issues
like delimitation, reservation of seats for SC, ST and women on a rotational basis need a closer
network for electoral superintendence and conduct. SEC has a unique responsibility of
maintaining the cycle of elections to both urban and rural local bodies which throw challenges
peculiar to the ground realities driven by the intense community involvement for seeking
political sway in close and localized arena. The support of respective state governments and a
comprehensive legislative framework are critical to the smooth functioning of state election
commissions.

8
Further Readings
G. Austin, Working a DemocraticConstitution : A History of the Indian Experience, New
Delhi,Oxford University Press, 1999.
D.D. Basu, An Introduction to the Constitution of India, New Delhi, Prentice Hall, 1994.
C.P. Bhambri, The Indian State Fifty Years, New Delhi, Shipra, 1997.
P. Brass, Politics of India Since Independence, Hyderabad, Orient Longman, 1990.
10. P. Brass, Caste, Faction and Party in Indian Politics, Vol. II: Election Studies, Delhi,
Chanakya Publications, 1985.
S.P. Verma, C.P. Bhambri, Election and Political Consciousness in India, Meenakshi
Publication, 1967.