Question

Consider the following statements about the constitutional provisions related to the Election Commission:

1. Article 324 vests the superintendence, direction, and control of elections in the Election Commission.

2. Article 325 prohibits disqualification in a special electoral roll on grounds of caste or religion.

3. Article 329 bars interference by courts in electoral matters.

4. Article 327 empowers the President to appoint the Election Commissioners.

• A. 1, 2 and 3 are correct
• B. 2 and 4 are correct
• C. 1, 3 and 4 are correct
• D. All of the above (1, 2, 3, and 4) are correct

Answer 1

Answer:

A. 1, 2 and 3 are correct

Constitutional Provisions related to the Election Commission of India

• Article 324: This article is the cornerstone for the Election Commission of India (ECI). It grants the ECI the power of superintendence, direction, and control over elections to Parliament, State Legislatures, the office of the President of India, and the office of the Vice-President of India. This means the ECI is responsible for the entire election process, from notification to declaration of results.
• Article 325: This article ensures fairness and non-discrimination in electoral rolls. It states that no person shall be ineligible for inclusion in, or claim to be excluded from, any special electoral roll on grounds only of religion, race, caste, sex, or any of them. This upholds the principle of universal adult suffrage without any discrimination.
• Article 326: This article deals with elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage. It guarantees the right to vote to all citizens who have attained the age of 18 years, irrespective of their background.
• Article 327: This article empowers the Parliament to make laws relating to the qualifications and disqualifications of members of either House of Parliament. It does *not* empower the President to appoint Election Commissioners. The appointment of Election Commissioners is governed by Article 324.
• Article 329: This article bars the jurisdiction of courts in electoral matters. It states that no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided by or under any law made by the appropriate Legislature. This means that electoral disputes are to be resolved through specific electoral tribunals and not directly by ordinary courts.

Key Points for Competitive Exams:

• The Election Commission of India is a permanent body established under the Constitution.
• It is a multi-member body consisting of the Chief Election Commissioner and two Election Commissioners.
• The Chief Election Commissioner and Election Commissioners are appointed by the President of India.
• The conditions of service and tenure of office of the Election Commissioners are determined by the President, subject to provisions of any law made by Parliament.
• The Election Commission is an independent constitutional body, ensuring free and fair elections in India.