CURRENT AFFAIRS | 26 MAY 2026
On 25 May 2026, a three-judge Supreme Court bench led by CJI Surya Kant declined to direct Punjab’s State Election Commission (SEC) to switch from ballot papers to EVMs for the municipal polls held on 26 May. The Court, however, observed that returning to ballot papers is a regressive step — a remark that ripples into Articles 243K, 243ZA and the wider architecture of local-body elections.
Constitutional Framework
- Article 243K — Constitutes the State Election Commissioner to superintend, direct and control the preparation of electoral rolls and the conduct of all elections to the Panchayats.
- Article 243ZA — Extends the same SEC superintendence to elections to Municipalities. Subject to the laws made by the State Legislature.
- Article 324 — Vests parallel powers in the Election Commission of India for Parliament, State Legislatures, and the offices of the President and Vice-President. Local-body elections are deliberately kept outside ECI’s purview.
- Punjab State Election Commission Act, 1994 — Operationalises the SEC at the state level; empowers it to choose voting machinery (EVM vs. ballot).
CLAT 2027 Angle
- Distinguish ECI (Art. 324) from SEC (Art. 243K / 243ZA) — a perennial CLAT/AILET MCQ.
- Kishansing Tomar v. Faridabad Municipal Corp. (2010) — SEC’s powers are co-equal with ECI in their sphere; no civil court can interfere once election notification issues.
- Mohinder Singh Gill v. Chief Election Commissioner (1978) — Election process, once begun, cannot be halted except in extraordinary circumstances; rationale for judicial restraint.
- Remember the 74th Constitutional Amendment, 1992 — added Part IX-A and Art. 243ZA to constitutionalise urban local bodies.
Key Facts
| Statute / Case | Year | Holding / Significance |
|---|---|---|
| 74th Constitutional Amendment | 1992 | Inserted Part IX-A; created SEC for municipalities. |
| Kishansing Tomar v. Faridabad Municipal Corp. | 2010 | SEC’s authority is constitutional, not subordinate to state govt. |
| Mohinder Singh Gill v. CEC | 1978 | No judicial interference once election notification issues. |
| Punjab SEC Act | 1994 | Empowers SEC to determine voting mechanism — ballot or EVM. |
Mnemonic — ‘K-Z-A controls local democracy’
K for 243K (Panchayats SEC) → ZA for 243ZA (Municipalities SEC) → both flow from Art. 324‘s parallel ECI logic. Add the timeline: ’73rd before 74th’ → 1992 added both Part IX (rural) and Part IX-A (urban).
Save this for revision — the SEC vs ECI distinction is a CLAT-staple MCQ.
Practice Quiz — 10 CLAT-Style Questions
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