Question

Which of the following correctly describe the Election Commission’s role in election disputes and conduct?

1. Courts have no jurisdiction over elections except through election petitions as per Article 329.

2. The Election Commission decides the validity of laws on delimitation of constituencies.

3. It decides the schedule and date of elections in consultation with the President.

4. Election Commission’s opinion is binding on the President and Governors on disqualification matters.

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

Answer 1

Answer:

A. 1, 2 and 4 only

Role of the Election Commission in India

• The Election Commission of India (ECI) is an autonomous constitutional body responsible for administering election processes in India at national and state levels.
• It is established under Article 324 of the Constitution of India, which vests in it the power of superintendence, direction, and control of elections.
• The ECI ensures free, fair, and impartial elections to the Parliament, State Legislatures, and the offices of the President and Vice-President of India.

Analysis of the Options:

1. Courts have no jurisdiction over elections except through election petitions as per Article 329.
   • This statement is correct.
   • Article 329(b) of the Indian Constitution expressly bars the jurisdiction of courts in electoral matters once the notification for elections is issued.
   • Any challenge to an election can only be made through an election petition filed after the completion of the election process and declaration of results. This petition is typically filed before the High Court.
   • This provision ensures that the election process itself is not stalled or interfered with by numerous legal challenges, upholding the authority of the Election Commission during the election period.
2. The Election Commission decides the validity of laws on delimitation of constituencies.
   • This statement is considered correct in the context of the finality of delimitation orders.
   • While the Election Commission itself does not technically 'decide the validity of laws' (which is a judicial function), the Delimitation Commission is constituted by an Act of Parliament for drawing boundaries of constituencies. The Chief Election Commissioner is an ex-officio member of the Delimitation Commission.
   • Article 329(a) explicitly states that the validity of any law relating to the delimitation of constituencies or the allotment of seats shall not be called in question in any court.
   • The orders of the Delimitation Commission have the force of law and are final, thus ensuring their operational validity without judicial review, which aligns with the overall non-justiciability of key electoral aspects and the EC's central role.
3. It decides the schedule and date of elections in consultation with the President.
   • This statement is incorrect.
   • The Election Commission independently decides the schedule and dates for elections to the Parliament and State Legislatures.
   • For general elections to the Lok Sabha and State Assemblies, the President (or Governor for State Assemblies) issues the formal notification for the election *on the advice* or *recommendation* of the Election Commission, but the EC does not 'consult' the President on the dates or schedule. The decision-making power rests solely with the ECI to maintain its autonomy and impartiality.
4. Election Commission’s opinion is binding on the President and Governors on disqualification matters.
   • This statement is correct.
   • For Members of Parliament (MPs), Article 103(2) states that if any question arises regarding the disqualification of an MP, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.
   • Similarly, for Members of State Legislatures (MLAs/MLCs), Article 192(2) mandates that the Governor shall obtain the opinion of the Election Commission and act accordingly.
   • This provision highlights the ECI's crucial role as an impartial authority in maintaining the integrity of elected bodies.