Question

Consider the following statements about the Election Commission of India:

1. The Election Commission has administrative, advisory, and quasi-judicial powers in relation to elections.

2. The opinion of the Election Commission on disqualification of sitting members of Parliament is binding on the President.

3. The Election Commission can independently appoint the Chief Electoral Officer of a state.

Which of the statements given above is/are correct?

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

Answer 1

Answer:

A. 1 and 2 only

Election Commission of India (ECI)

• The Election Commission of India (ECI) is an autonomous and permanent constitutional body responsible for administering Union and State election processes in India.
• It was established on January 25, 1950, a date now celebrated as National Voters' Day.
• The provisions relating to the Election Commission are enshrined in Part XV (Articles 324 to 329) of the Constitution of India.
• Article 324 vests the powers of superintendence, direction, and control of the preparation of electoral rolls and the conduct of all elections to Parliament and to the Legislature of every State, and of elections to the offices of President and Vice-President held under this Constitution, in the Election Commission.

Powers and Functions of the Election Commission

• The ECI is endowed with extensive powers that can be broadly categorized into three types:
  • Administrative Powers: These include the conduct of elections, preparation and revision of electoral rolls, delimitation of constituencies, recognition of political parties, and allotment of election symbols.
  • Advisory Powers: The ECI advises the President on the disqualification of Members of Parliament (MPs) and the Governor on the disqualification of Members of Legislative Assemblies (MLAs).
  • Quasi-Judicial Powers: The ECI acts as a quasi-judicial body in matters such as settling disputes regarding party symbols and hearing cases related to election violations, including the Model Code of Conduct.
• Therefore, statement 1 is correct.

Disqualification of Sitting Members

• For Members of Parliament (MPs):
  • Article 103 of the Indian Constitution specifies the procedure for deciding questions as to disqualifications of MPs.
  • If any question arises regarding whether a Member of Parliament has become subject to any of the disqualifications mentioned in Article 102(1), the matter is referred to the President.
  • Before making a decision, the President is constitutionally mandated to obtain the opinion of the Election Commission.
  • Crucially, the President must act according to this opinion, making the ECI's advice binding.
• For Members of State Legislatures (MLAs):
  • Similarly, for MLAs, Article 192 mandates that the Governor consults the Election Commission on questions of disqualification, and the Governor is bound by the ECI's opinion.
• Therefore, statement 2 is correct.

Appointment of Chief Electoral Officers (CEOs)

• The Chief Electoral Officer (CEO) is a crucial officer responsible for supervising the election work in a state.
• The appointment of the CEO for a state is made by the Election Commission of India in consultation with the respective State Government.
• The ECI does not have the power to independently appoint the CEO without this mandatory consultation. Typically, the state government proposes a panel of names, from which the ECI selects the CEO.
• The CEO works under the overall superintendence, direction, and control of the ECI.
• Therefore, statement 3 is incorrect.

Key Facts for Competitive Exams

• The ECI currently functions as a multi-member body, comprising one Chief Election Commissioner (CEC) and two Election Commissioners (ECs).
• They are appointed by the President of India.
• Their tenure is set for 6 years or until they attain the age of 65 years, whichever occurs earlier.
• The CEC and ECs enjoy the same status and receive salaries and perks equivalent to a judge of the Supreme Court of India.
• The Chief Election Commissioner can only be removed from office through a process similar to the removal of a Supreme Court Judge. Other Election Commissioners cannot be removed except on the recommendation of the CEC.