Question

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

1. The Election Commission determines the territorial areas of electoral constituencies based on the Delimitation Commission Act.

2. The Election Commission has the authority to cancel polls in cases of rigging, booth capturing, or violence.

3. The Election Commission can directly disqualify members of Parliament or State Legislatures without advising the President or Governor.

• A. 1 and 2 only
• B. 2 and 3 only
• C. 1 and 3 only
• D. 1, 2, and 3

Answer 1

Answer:

A. 1 and 2 only

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

• Constitutional Body: The Election Commission of India is a permanent and independent constitutional body established under Article 324 of the Constitution of India.
• Functions related to Delimitation:
• The ECI determines the territorial areas of electoral constituencies for parliamentary and assembly elections.
• However, the actual delimitation (readjustment of constituencies' boundaries) is carried out by a separate body, the Delimitation Commission, constituted under an Act of Parliament (e.g., Delimitation Commission Act). The ECI implements the final orders of the Delimitation Commission.
• Conduct of Elections:
• The ECI is responsible for conducting free, fair, and transparent elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, and thePresident and Vice-President.
• It has the power to countermand or cancel polls in specific constituencies in cases of proven irregularities like rigging, booth capturing, violence, or other malpractices that affect the fairness of the election.
• Disqualification of Members:
• The ECI does not have the power to directly disqualify members of Parliament or State Legislatures.
• Under Article 103 (for MPs) and Article 191 (for MLAs/MLCs), if a question arises as to whether a member has become subject to any disqualification, the President (for MPs) or the Governor (for MLAs/MLCs) shall obtain the opinion of the Election Commission and shall act according to such opinion. The ECI advises, but the final order is passed by the President or Governor.
• Key Roles:
• Preparing electoral rolls and revising them periodically.
• Registering political parties and allotting symbols.
• Advising the President on the disqualification of MPs and the Governor on the disqualification of MLAs/MLCs.
• Enforcing the Model Code of Conduct during election periods.