Question

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

1. The Election Commission has quasi-judicial powers related to disqualification of elected members.

2. It can cancel polls in cases of booth capturing and election rigging.

3. The Commission has exclusive powers to recognize political parties and allot their election symbols.

4. The Election Commission also supervises local body elections across all states.

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

Answer 1

Answer:

A. 1, 2 and 3 only

Powers and Functions of the Election Commission of India

• The Election Commission of India (ECI) is an autonomous constitutional authority established to ensure free and fair elections in the country.
• It was constituted on 25 January 1950, a day celebrated annually as National Voters' Day.
• Articles 324 to 329 in Part XV of the Indian Constitution deal with election matters and the establishment of the Election Commission.

Quasi-Judicial Powers (Statement 1 is Correct)

• The ECI is vested with quasi-judicial powers, enabling it to conduct inquiries and make decisions that have legal implications.
• Disqualification of Elected Members:
  • For Members of Parliament (MPs), if a question arises regarding their disqualification (e.g., for holding an office of profit), the President's decision is final, but it is made based on the opinion of the Election Commission (Article 103).
  • Similarly, for Members of State Legislative Assemblies (MLAs), the Governor's decision is final, acting on the ECI's opinion (Article 192).
  • The ECI conducts a detailed inquiry into such matters, thereby exercising its quasi-judicial function.
  • It also decides on the disqualification of candidates for electoral malpractices or failure to lodge election expenses under the Representation of the People Act, 1951.
• Party Disputes: The ECI acts as an adjudicatory body for disputes related to splits or mergers of political parties and claims over election symbols.

Power to Cancel Polls (Statement 2 is Correct)

• To uphold the integrity of the electoral process, the ECI possesses significant powers to deal with electoral malpractices.
• Cancellation and Countermanding: The Commission can cancel polls, order a repoll, or even countermand an entire election in a constituency if it finds evidence of:
  • Booth capturing: Taking control of polling stations by force or intimidation.
  • Election rigging: Any form of fraud or manipulation designed to alter election results.
  • Violence: Widespread disturbances that compromise the freeness and fairness of voting.
  • Other serious irregularities that vitiate the purity of the election process.
• This power is derived from Article 324, which grants the ECI the superintendence, direction, and control of elections.

Recognition of Political Parties and Allotment of Symbols (Statement 3 is Correct)

• The ECI is the exclusive and ultimate authority for recognizing political parties and allocating election symbols.
• Party Recognition:
  • It grants recognition to political parties as National Parties or State Parties based on specific performance criteria related to the percentage of votes polled or seats won in general elections or state assembly elections.
  • This recognition confers certain privileges, such as exclusive allotment of election symbols, free broadcast time on state-owned media, and access to electoral rolls.
• Symbol Allotment:
  • The ECI allots unique election symbols to recognized political parties and independent candidates.
  • The legal framework for this is the Election Symbols (Reservation and Allotment) Order, 1968.
  • It also resolves disputes among rival factions of a recognized political party regarding the use of the party name and symbol.

Local Body Elections (Statement 4 is Incorrect)

• The Election Commission of India (ECI) does not conduct or supervise elections for local self-governing bodies.
• State Election Commissions (SECs):
  • Elections to Panchayats (rural local bodies) and Municipalities (urban local bodies) are exclusively conducted by separate constitutional bodies known as State Election Commissions (SECs).
  • These SECs are established under Article 243K (for Panchayats) and Article 243ZA (for Municipalities) of the Constitution.
  • Each state has its own independent State Election Commission, distinct from the ECI.