Question

4. Consider the following statements on the Election Commission’s jurisdiction:
(i) It conducts elections to Parliament, State Legislatures, and offices of President and Vice-President.
(ii) The Election Commission has control over elections to Panchayats and Municipalities.
(iii) The State Election Commissions are independent of Election Commission of India and handle local body elections.

Which of the statements given above is/are correct?

• A. (i) only
• B. (i) and (iii) only
• C. (ii) only
• D. (i), (ii), and (iii)

Answer 1

Answer:

B. (i) and (iii) only

Election Commission of India (ECI) and State Election Commissions (SECs)

• Article 324 of the Indian Constitution establishes the Election Commission of India (ECI).
• The ECI is a permanent and independent constitutional body.
• It is responsible for superintendence, direction, and control of elections to Parliament (Lok Sabha and Rajya Sabha), the State Legislatures (Vidhan Sabha and Vidhan Parishad), the offices of the President of India, and the Vice-President of India. This aligns with statement (i).
• Article 243K of the Constitution deals with the powers and functions of State Election Commissions (SECs).
• SEC's are mandated to conduct elections to the Panchayats and Municipalities in the respective states.
• Article 243ZG specifically empowers SECs to deal with matters relating to elections to municipalities.
• The ECI does not have jurisdiction over elections to Panchayats and Municipalities. These elections fall under the purview of the respective State Election Commissions. This clarifies why statement (ii) is incorrect.
• Article 243K(1) explicitly states that the superintendence, direction, and control of the preparation of electoral rolls for, and the conduct of all elections to the Panchayats and Municipalities shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor of the State.
• This ensures that State Election Commissions are independent constitutional bodies, separate from the Election Commission of India, and they specifically handle local body elections. This supports statement (iii).
• The separation of powers ensures that local body elections are managed at the state level, reflecting the spirit of decentralization in Indian governance.