Question

Which of the following statements about the powers and duties of the Election Commission are correct?

i. The Election Commission has advisory jurisdiction over the disqualification of sitting members of Parliament and State Legislatures.

ii. The Election Commission can cancel polls due to irregularities like rigging or booth capturing.

iii. The Election Commission has the authority to determine the code of conduct for political parties and candidates during elections.

iv. The Election Commission conducts elections to Panchayats and Municipalities in the states.

• A. Only i, ii, and iii are correct
• B. Only i and ii are correct
• C. Only iii and iv are correct
• D. Only i, iii, and iv are correct

Answer 1

Answer:

A. Only i, ii, and iii are correct

Powers and Duties of the Election Commission of India (ECI)

• The Election Commission of India (ECI) is a permanent and independent body established by the Constitution of India under Article 324 to ensure free and fair elections in the country.

• It is mentioned in Part XV of the Indian Constitution (Articles 324 to 329) and is responsible for elections to the Parliament, State Legislatures, and the offices of the President and Vice-President.

I. Advisory Jurisdiction over Disqualification of Members

• Statement (i) is correct. The ECI has an advisory role in matters of disqualification of sitting members of Parliament and State Legislatures.

• Article 103 states that the President shall obtain the opinion of the ECI before deciding on the disqualification of a Member of Parliament (MP).

• Similarly, Article 192 mandates that the Governor shall obtain the opinion of the ECI before deciding on the disqualification of a Member of the Legislative Assembly (MLA).

• The President or Governor, as the case may be, is bound by the ECI's opinion in such matters.

II. Power to Cancel Polls Due to Irregularities

• Statement (ii) is correct. The ECI possesses extensive powers, primarily derived from Article 324, to ensure the integrity of the electoral process.

• If the ECI finds evidence of severe irregularities such as rigging, booth capturing, violence, or other malpractices that compromise the fairness of the election, it has the authority to cancel the polls for a particular constituency or polling station and order a re-poll.

• This power is crucial for maintaining public trust and the democratic nature of elections.

III. Authority to Determine Code of Conduct

• Statement (iii) is correct. The ECI formulates and enforces the Model Code of Conduct (MCC) for political parties and candidates during elections.

• The MCC is a set of guidelines that regulate the behaviour of parties and candidates to ensure a level playing field and prevent malpractices.

• Though not a statutory law itself, violations of the MCC can lead to actions under existing laws like the Indian Penal Code, the Code of Criminal Procedure, or the Representation of the People Act, 1951.

• The MCC comes into force from the date of announcement of the election schedule by the ECI and remains in force until the completion of the electoral process.

IV. Conduct of Local Body Elections

• Statement (iv) is incorrect. Elections to Panchayats and Municipalities (local self-government bodies) in the states are conducted by the State Election Commission (SEC), not the Election Commission of India.

• The State Election Commission is a separate constitutional body established under Article 243K for Panchayats and Article 243ZA for Municipalities.

• The ECI's jurisdiction is limited to elections for Parliament, State Legislatures, and the offices of the President and Vice-President.