Question

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

1. The Election Commission can disqualify a candidate for failing to submit election expense accounts within the prescribed time.

2. The Election Commission has the authority to allot election symbols to political parties.

3. The Election Commission conducts elections to local self-governing bodies like Panchayats and Municipalities.

• A. 1 and 2
• B. 2 and 3
• C. 1 and 3
• D. All are correct

Answer 1

Answer:

A. 1 and 2

Election Commission of India (ECI)

• The Election Commission of India (ECI) is an autonomous constitutional authority responsible for administering election processes in India. It is established by Article 324 of the Constitution of India.

• The ECI is responsible for conducting elections to the Lok Sabha (House of the People), Rajya Sabha (Council of States), State Legislative Assemblies, and the offices of the President and Vice-President of India.

Regarding Statement 1: Disqualification for Election Expense Accounts

• Statement 1 is correct. The Election Commission has the power to disqualify a candidate for failing to submit their election expense accounts within the prescribed time and manner.

• This power is derived from the Representation of the People Act, 1951, specifically Section 10A.

• Candidates are required to maintain and submit a true account of their election expenses within a specified period (usually 30 days) from the date of the election of the returned candidate, to the District Election Officer.

• Failure to do so, or submitting a false account, can lead to disqualification for a period of up to three years.

Regarding Statement 2: Allotment of Election Symbols

• Statement 2 is correct. The Election Commission has the exclusive authority to allot election symbols to political parties and independent candidates.

• This power is exercised under the Election Symbols (Reservation and Allotment) Order, 1968.

• Election symbols are crucial in the Indian electoral system, especially given historical levels of illiteracy, as they help voters identify candidates and parties easily.

• The ECI also resolves disputes among rival factions of a recognized political party over the use of election symbols.

Regarding Statement 3: Local Self-Governing Body Elections

• Statement 3 is incorrect. The Election Commission of India does not conduct elections to local self-governing bodies such as Panchayats (rural local bodies) and Municipalities (urban local bodies).

• Elections to these local bodies are conducted by the respective State Election Commissions (SECs).

• The 73rd and 74th Constitutional Amendment Acts of 1992 provided for the establishment of State Election Commissions in each state to oversee the conduct of elections to Panchayats and Municipalities, respectively.

• Each State Election Commission is an independent constitutional body, separate from the Election Commission of India.

Other Key Powers and Functions of the ECI

• Preparation and Revision of Electoral Rolls: The ECI is responsible for preparing and periodically updating the voters' list.

• Registration of Political Parties: It registers political parties and accords them the status of national or state parties based on their electoral performance.

• Model Code of Conduct: The ECI enforces the Model Code of Conduct for free and fair elections.

• Advisory Jurisdiction: It advises the President and Governors on matters relating to the disqualification of members of Parliament and State Legislatures, respectively.

• Appointment of Election Machinery: The ECI appoints election officers, observers, and other staff for conducting elections.