Question

Consider the following about the powers and duties of the Election Commission:

1. The Election Commission can disqualify candidates for failing to submit election expense accounts.

2. The Election Commission can advise the President and Governors on post-election disqualifications.

3. The Election Commission regulates the party symbol allotment and conducts a quasi-judicial function in party disputes.

• A. 1 and 2 only
• B. 2 and 3 only
• C. 1 and 3 only
• D. All of the above

Answer 1

Answer:

D. All of the above

Powers and Duties of the Election Commission of India

• Disqualification for Failure to Submit Election Expense Accounts: The Representation of the People Act, 1951, mandates candidates to submit their election expense accounts within the prescribed time. The Election Commission of India (ECI) has the power to disqualify a candidate who fails to do so. This disqualification can be for a period of three years or the term of the House, whichever is shorter. This is a crucial aspect of ensuring transparency in election funding.
• Advisory Role in Post-Election Disqualifications: The ECI plays a vital advisory role regarding the disqualification of Members of Parliament (MPs) and Members of State Legislative Assemblies (MLAs) under Article 103 and Article 192 of the Constitution, respectively. These articles pertain to disqualifications on grounds of holding an office of profit, unsoundness of mind, or being an undischarged insolvent. The President and Governors, respectively, refer such cases to the ECI for its opinion, which is binding upon them.
• Regulation of Party Symbols and Quasi-Judicial Functions: The ECI is empowered to recognize political parties and allot election symbols to them. This function is essential for ensuring a level playing field for all political parties during elections. In cases of disputes within political parties, particularly concerning their recognition and symbols, the ECI functions as a quasi-judicial authority. It hears both factions and decides which faction is the 'real' political party, often citing past judgments and party constitutions. This power is derived from its role in conducting elections impartially and maintaining the integrity of the electoral process.
• Constitutional and Statutory Basis: The Election Commission of India is a permanent Constitutional body established under Article 324 of the Constitution of India. Its powers and functions are further elaborated by laws made by Parliament, such as the Representation of the People Act, 1950 and 1951.
• Key Functions of ECI: Besides the mentioned powers, the ECI is responsible for superintendence, direction, and control of elections to Parliament, State Legislatures, the office of the President, and the office of the Vice-President.