The Constitution of India under Article-243 (K) and 243 Z (A), provides for the constitution of a State Election Commission to ensure free, fair and impartial elections for the Panchayats and Municipalities.

Appointment and Composition of the State Election Commission

The State Election Commission consists of a single-member body, which includes a State Election Commissioner. The Governor of the respective state is responsible for appointing the State Election Commissioner.

Tenure and Conditions of Service of State Election Commissioner

Per Article 243(K), the Governor determines the tenure and conditions of service for the State Election Commissioner, subject to state legislative laws.

Removal Process of State Election Commissioner

Although the State Election Commissioner is appointed by the Governor, they can only be removed from office in a manner and on grounds similar to those applicable to a High Court judge; this requires a resolution passed by both houses of Parliament with a special majority, based on ‘proved misbehavior or incapacity’. 

Functions of State Election Commission

The State Election Commission holds the authority for overseeing, directing, and preparing electoral rolls to facilitate local body elections. The Commission performs functions as defined by the respective State Legislatures.

Challenges Faced by State Election Commissioner

• Appointment procedure: The State Government is often alleged to appoint persons with political affiliations on the post of State Election Commissioner. In 2021, the Supreme Court in a ruling highlighted the issue and held that the government servants or serving bureaucrats must not be appointed to the office of State Election Commission. E.g. The Law secretary of Goa was provided additional charge of the State Election Commissioner. Such instances affect the independent functioning of the Commission.
• Lack of Uniformity: According to the Constitution, the functions and service conditions of the State Election Commission are to be determined by the respective State Legislatures, this results in non uniformity in service conditions enjoyed by the State Election Commissioners across the Country.
• Lack of Autonomy: Supreme Court in Kishan Singh Tomar Case (2006) ruled that, the Election Commission of India and the State Election Commissioner enjoys same powers in their respective domains. However, in practice, the State Election Commissions do not possess as much autonomy in their operations as the Election Commission of India.
• Lack of independent machinery: There is a lack of independent machinery available to them; the Constitution states that the Governor should ensure that the State machinery is accessible to the State Election Commissions when necessary. The SECs do not have any independent staff or secretariat of their own. This also hampers the seamless functioning of the Commissioners.

Due to these obstacles, the State Election Commissions encounter numerous challenges in conducting timely, free, and fair elections.

Suggestions to improve the Functioning of the State Election Commissioner

• 2nd ARC Recommendations: The 2nd ARC recommended that there should be a collegium like body to appoint the State Election Commissioner comprising CM of the State, the Speaker of State Legislature and the leader of Opposition in the assembly.

It also recommended creating a common platform for both the ECI and SECs for coordination and sharing best practices, enhancing operational efficiency. 

• Supreme Court directives: As directed by the Supreme Court in cases of appointment, the State Governments should ensure that the independence of the office be considered while making the appointments.
• Law Commission Recommendations: According to the Law Commission, the State Government should consider providing an independent and permanent secretariat to the SEC.

Grass-root institutions are pivotal for the flourishing of Democracy in India. Thus, the independent, effective, and efficient functioning of the State Election Commissions is vital for realizing the principles of democratic decentralization in India.