Question

Consider the following statements regarding the Constitution and functioning of the Election Commission of India:

1. The Election Commission was constituted under Articles 324 to 329 of the Indian Constitution.

2. The Chief Election Commissioner has more powers than other Election Commissioners.

3. The superintendence, direction, and control of all elections to the Parliament, State Legislatures, President, and Vice-President are vested in the Election Commission under Article 324(1).
   Which of the statements given above is/are correct?
   

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

Answer 1

Answer:

A. 1 and 3 only

• The Election Commission of India (ECI) is a constitutional body established by the Constitution of India.
• It was established on 25th January 1950, a day before India became a Republic.
• Article 324 of the Constitution provides for the establishment of an Election Commission to superintend, direct and control the election process.
• The ECI is responsible for conducting elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, State Legislative Councils, and the offices of the President and Vice-President of India.
• Initially, the Election Commission was a single-member body. However, the Election Commission (Additional Functions) Act, 1950, and later the Election Laws (Extension to Jammu and Kashmir) Act, 1968, made provisions for a multi-member commission.
• The ECI consists of the Chief Election Commissioner (CEC) and two Election Commissioners (ECs).
• All Election Commissioners have equal powers and receive the same salary and allowances as a Judge of the Supreme Court of India. The Chief Election Commissioner does not have more powers than other Election Commissioners in terms of decision-making.
• The CEC and ECs are appointed by the President of India.
• They hold office for a term of six years or until they attain the age of 65 years, whichever is earlier.
• The powers and functions of the ECI are elaborated in Articles 324 to 329 of the Constitution.
• The ECI plays a crucial role in ensuring free and fair elections, upholding democratic principles, and maintaining the integrity of the electoral process in India.