Answer:
- The Constitution, through Part IX and Part IXA, has built in several institutional safeguards to insulate the office of the State Election Commissioner from executive interference and to secure its impartial functioning.
1. Constitutional Status and Recognition
- Created directly by the Constitution through the 73rd and 74th Amendments, 1992 [Articles 243K, 243ZA].
- Being a constitutional body, it stands above ordinary executive control.
2. Transparent Mode of Appointment
- Appointed by the Governor on the advice of the Chief Minister and Council of Ministers [Article 243K(1)].
3. Security of Tenure
- Fixed term of 5 years or age 65, whichever is earlier [Article 243K(2)].
- No provision for reappointment, ruling out any incentive to favour the government of the day.
4. Protection of Salary and Service Conditions
- Salary charged on the Consolidated Fund of the State, not subject to legislative vote.
- Service conditions cannot be altered to the Commissioner's disadvantage after appointment [Article 243K(2)].
5. Difficult and Impartial Procedure for Removal
- Removable only like a High Court Judge, on grounds of proven misbehaviour or incapacity [Article 243K(2) with Article 124(4)].
- Requires Supreme Court inquiry and special majority approval of both Houses of Parliament before presidential removal.
6. Administrative and Functional Independence
- Governor must provide requisite staff to the Commission [Article 243K(3)].
- Enjoys full superintendence, direction, and control over PRI and ULB elections, free of day-to-day interference [Articles 243K(1), 243ZA].