Which of the following statements are correct: 1. The chairman and members of State PSC(SPSC) are appointed by the Governor but can be removed only by the President. 2. The State Election Commissioner is appointed by the Governor but can be removed only by the President. Choose the correct option given below:

Which of the following statements are correct: 1. The chairman and members of State PSC(SPSC) are appointed by the Governor but can be removed only by the President. 2. The State Election Commissioner is appointed by the Governor but can be removed only by the President. Choose the correct option given below: Correct Answer Both 1 and 2

The correct answer is Both 1 and 2.

Key Points

  • The Chairman and Members of an SPSC are appointed by the Governor, they can be removed only by the President (not by the Governor).
  • The President can remove them on the same grounds and in the same manner as he can remove a chairman or a member of the UPSC. Hence, statement 1 is correct.
  • The State Election Commissioner (SEC), though appointed by the Governor of the state, can be removed only by the President. Hence, statement 2 is correct.

Important Points 

  • Articles 315 – 323 contain elaborate provisions regarding composition, appointment, and removal of members and other matters related to SPSC.
    • The chairman and member occupy the office for 6 years or till they reach 62 years. 
    • Constitution hasn’t given any qualifications except that 1/2 of the members should have at least 10 years of experience under central or state government.
  • The State Election Commission has been entrusted with the function of conducting free, fair, and impartial elections to the local bodies in the state.
    • Article 243K(1): It 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 consisting of a State Election Commissioner to be appointed by the Governor.
    • Article 243K(2): It states that the tenure and appointment will be directed as per the law made by the state legislature. However, State Election Commissioner shall not be removed from his/her office except in the like manner and on the like grounds as a Judge of a High Court.

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