Q. On what grounds has Andhra Pradesh State Government recently removed the State Election Commissioner? How such removal pose a threat to our democracy? (Polity & Governance, 15 marks, 250 words)

 

 
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Grounds of removal of Andhrapradesh SEC(State Election Commissioner) are-
1)SEC N.RAMESH KUMAR was appointed at the reign of former chief minister chandra Babu Naidu so he is working as his words.
2)If the local panchayat election is held then TDP(Chandra Babu Naidu’s party) will be defeated.so SEC has deliberately postponed it.
Removal process of SEC-
1) The removal process of SEC is same as high court judge.But this process is not followed by Andhrapradesh government, which is illegal.
2) There is provision under article 243k that the condition of service of SEC can’t be varied disadvantage after the appointment.But the government did not follow this provision.
3) Governor of Andhrapradesh promulgated a ordinance through which the incumbent of SEC will be for 3years instead of 5years and high court judge is also eligible for SEC.So the incumbency of office of present SEC has automatically terminated.This ordinance would be applicable for the successor of the present SEC but not for present SEC, which is completely illegal.
Removal of SEC is threat for democracy-
1)SEC conduct local rural body and minucipal election.so the impartiality of SEC is very important for democracy.so this post is secured by constitution.The main function of SEC is to conduct free and fair election but now the question raises about the function of SEC ,which is very dangerous for democracy.Recently the instance of Andhrapradesh government means that the election is indirectly conducted by state government which is not desirable for any democratic country. It is a kind of stranglehold of democracy, there will be only ostensible election.
Conclusion-In 2007 Aparmita prasad singh vs State of UP case allahabad high court ruled that the termination of terms is not be considered as the termination of tenure,thenafter SC also didn’t strike down the allahabad highcourt’s verdict.So Andhrapradesh government promulgated this ordinance in this hope, that it will also remain unchange.This provision will also challenge in high court and then supreme court.As a resident of democratic country we hope that court will restore the function of this independent body.