Question

Consider the following statements about the Election Commission of India:

1. The Election Commission supervises elections to Parliament, State Legislatures, and the office of the President and Vice President.

2. The Election Commission can be removed by a vote in Parliament.

3. The Election Commission has advisory, administrative, and quasi-judicial powers.

Which of the statements are correct?

• A. 1 and 3 only
• B. 2 and 3 only
• C. 1 and 2 only
• D. All are correct

Answer 1

Answer:

A. 1 and 3 only

Election Commission of India (ECI)

• Constitutional Body: The Election Commission of India is a permanent and independent constitutional body established by the Constitution of India under Article 324.
• Scope of Supervision: The ECI is responsible for conducting elections for:
  • Parliament of India (Lok Sabha and Rajya Sabha)
  • State Legislatures (Vidhan Sabha and Vidhan Parishad)
  • The office of the President of India
  • The office of the Vice-President of India
• Independence and Removal:
  • The Chief Election Commissioner (CEC) and Election Commissioners (ECs) are appointed by the President of India.
  • The CEC can be removed from office in the same manner and on the same grounds as a judge of the Supreme Court of India, which requires a resolution passed by both Houses of Parliament by a special majority (two-thirds present and voting, and absolute majority of the total membership of the House).
  • An Election Commissioner can be removed only on the recommendation of the Chief Election Commissioner.
  • Therefore, statement 2, suggesting removal by a simple vote in Parliament, is incorrect.
• Powers of the ECI: The ECI possesses a wide range of powers that can be classified as:
  • Advisory: Recommending disqualification of members, advising the President/Governor on matters related to election of MPs/MLAs.
  • Administrative: Preparing electoral rolls, allotting symbols, issuing election schedules, appointing election officials, supervising the conduct of elections.
  • Quasi-Judicial: Deciding on disputes relating to symbols, and inquiring into allegations of corrupt practices during elections.
• Key Mandate: The ECI's primary role is to ensure free, fair, and impartial elections, upholding democratic principles in the country.