Question

Which among the following statement(s) is/are correct?

1. The Election Commission of India advises the President on whether elections can be held in a state under President’s Rule.

2. The first woman Chief Election Commissioner was V.S. Ramadevi.

3. The Kerala State Election Commission was established on December 3, 1993.

4. The Chief Election Commissioner can be removed on the recommendation of other Election Commissioners.

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

Answer 1

Answer:

C. Only (1, 2, and 3)

Election Commission of India and Related Constitutional Provisions

• Role in President's Rule: The Election Commission of India (ECI) plays a crucial role in advising the President regarding elections in a state under President's Rule. The ECI assesses the situation and advises on the feasibility and timing of holding elections, ensuring democratic processes are restored.
• First Woman Chief Election Commissioner: V.S. Ramadevi holds the distinction of being the first woman to serve as the Chief Election Commissioner (CEC) of India. She served from November 26, 1990, to December 11, 1990.
• Establishment of State Election Commissions: The Kerala State Election Commission was established on December 3, 1993, under the provisions of the Constitution (73rd and 74th Amendments) Act, 1992, to conduct local body elections.
• Removal of Chief Election Commissioner: The Chief Election Commissioner (CEC) and other Election Commissioners can only be removed from their office in a manner similar to that of a Judge of the Supreme Court of India. This involves an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, on grounds of proved misbehaviour or incapacity. A recommendation from other Election Commissioners is not sufficient for removal.
• Constitutional Basis: The Election Commission of India is a permanent, independent constitutional body established under Article 324 of the Constitution of India. It is responsible for superintendence, direction, and control of elections to Parliament, State Legislatures, the office of the President of India, and the office of the Vice-President of India.
• Article 324: This article empowers the Election Commission to conduct free and fair elections.
• Article 329: This article bars the jurisdiction of courts in electoral matters, meaning no election can be called into question except by an election petition presented to the authority prescribed by law.