STATE ELECTION COMMISSIONS

The Constitution (Seventy-third Amendment)Act, 1992 and the Constitution (Seventy-Fourth Amendment) Act, 1992, setting up of State Election Commissions.

6. It is requested that the State Governments etc. may keep the above legal position in view and bring the same to the notice of all concerned while framing the laws in pursuance of the Constitutional Amendment Acts referred to in Para 1 above to provide for the constitution of the State Election Commissions and appointment of State Election Commissioners.

7. Likewise, while framing the rules for the internal functioning of the State Election Commissioners and the terms and conditions of appointment and their administrative structure and staffing pattern, it may be ensured that these are clearly distinct and distinguishable from the corresponding rules, terms and conditions and administrative structure and staffing pattern of the Election Commission. Any ipso facto adoption of the Commission's rules and terms and conditions, etc., will not be strictly legal. In addition, such a step is also likely to create confusion 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.

8. The Commission is acutely conscious of the fact that the State Election Commissions, in furtherance of the country's democratic structure have been set up to ensure holding of periodical elections at the grass root level to elect representatives on the basis of an impartial objective and fair election process. 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.

9. This supersedes Order No. 154/93 dated 11th February, 1993, letter No. 3/5/93/J.S.II dated 18th June 1993, 11th August, 1993, 10th September, 1993 and Order of even number dated 14th January, 1995 on the subject, which are all hereby withdrawn.

10. Kindly acknowledge receipt.



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