UPSC CSE Mains Syllabus: GS-2- Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.

The legality of the removal of the Andhra Pradesh State Election Commissioner (SEC) is seriously in doubt.

The State government got the Governor to issue an ordinance to cut the SEC’s tenure from five to three years, and amend the criterion for holding that office from being an officer of the rank of Principal Secretary and above to one who had served as a High Court judge.

This automatically rendered SEC’s continuance invalid.

Why the contention:

High Court order:

Why did the court struck down the ordinance?

What the Supreme Court said:

The Supreme Court on June 10 issued a notice to the State Election Commission (SEC) and others on an appeal of the Andhra Pradesh government against the recent High Court order striking down an ordinance. It refused to stay the ordinance.

Powers of the SEC: article 243 k

Elections to the Panchayats 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 consisting of a State Election Commissioner to be appointed by the Governor.

Conditions and Tenure: 243k(2)

Subject 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.

Removal: 243k(2)

Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like ground as a Judge of a High Court.

Invariable conditions of service: 243k(2)

The conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.

Other provisions:

Previous scenario:


 Source:” The Hindu“.


With respect to the recent Supreme Judgement on the removal of the Andhra Pradesh State Election Commissioner (SEC), discuss the importance of constitution provisions to safeguard the independence of the State Election Commission.