Under provision of which article of the Constitution of India, State Election Commissioner is appointed by Governor ?

Question

Accepted Answer

The correct option is 2:

The correct option is **Article 243 K (1)**. This article is found in Part IX of the Indian Constitution, which was introduced by the 73rd Constitutional Amendment Act of 1992, institutionalizing Panchayati Raj Institutions (PRIs) in the country. To ensure free and fair elections to these Panchayats (and later, municipalities), the Constitution mandated the creation of an independent State Election Commission (SEC) in every state. Clause (1) of Article 243 K specifically states that 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, which shall consist of a State Election Commissioner to be appointed by the Governor. The appointment by the Governor is a crucial detail that ensures the State Election Commissioner functions as an independent authority responsible for local body elections, mirroring the role of the Election Commission of India at the central level. This provision is fundamental to the democratization of local governance.

The incorrect option is 1:

**Article 243 N** is incorrect because it deals with the continuance of existing laws and Panchayats, particularly when the 73rd Amendment Act came into force. This article essentially provides a transition period, ensuring that all laws relating to Panchayats in force immediately before the commencement of the Amendment would continue to be in force until altered or repealed by a competent Legislature, or until the expiration of one year from such commencement, whichever is earlier. Therefore, Article 243 N is a saving clause for existing provisions and does not concern the appointment or powers of the State Election Commissioner. Its purpose is temporal and relates to legislative continuity, not the foundational structure of the SEC's composition.

The incorrect option is 3:

**Article 243 L** is incorrect because it pertains to the application of Part IX of the Constitution to Union territories. The article grants the President the power to direct that the provisions of Part IX shall apply to any Union territory subject to such exceptions and modifications as he may specify. This is an administrative provision necessary to adapt the Panchayati Raj framework, originally designed for states, to the unique governance structure of Union Territories. Article 243 L deals with the geographical and administrative reach of the provisions, allowing for necessary adjustments, and has no relation to the appointment process of the State Election Commissioner in a State by the Governor.

The incorrect option is 4:

**Article 243 M (1)** is incorrect as it deals with exemptions to the application of the Panchayati Raj provisions. This clause states that Part IX shall not apply to the States of Nagaland, Meghalaya, and Mizoram, and certain areas within other states, such as the Scheduled Areas referred to in the Fifth Schedule and the tribal areas referred to in the Sixth Schedule. The purpose of this article is to respect the special administrative and cultural identity of these regions, allowing them to maintain their traditional systems of governance. Article 243 M (1) is thus an exclusionary clause, outlining where the Panchayat framework does *not* apply, and it certainly does not govern the method of appointment for the State Election Commissioner in states where the Part *does* apply.