Q2.Consider the following statements about the functions of the Election Commission of India:
- The Election Commission of India is responsible for the conduct of elections to Parliament, state legislatures, and the offices of President and Vice-President.
- It has the power to disqualify candidates during elections based on certain criteria, including criminal convictions and corrupt practices.
- The commission also decides on the allotment of symbols to political parties and candidates.
- It plays a role in the delimitation of constituencies, but this is primarily the responsibility of a separate Delimitation Commission.
Which of the statements given above are correct?
Answer: D [All of the above]
Explanation:Statement 1 is correct: Article 324 of the Constitution entrusts the Election Commission of India (ECI) with the superintendence, direction, and control of elections to Parliament, State Legislatures, and the offices of the President and Vice-President.
Statement 2 is correct: The ECI indeed possesses disqualification powers under the Representation of the People Act, 1951. Under Section 10A, the Commission can directly disqualify a candidate for failure to lodge accounts of election expenses. Under Section 8A, relating to “corrupt practices,” the High Court determines guilt, but the President must act according to the binding opinion of the ECI before issuing the final disqualification order. Additionally, Returning Officers functioning under the ECI may reject nominations of candidates already disqualified under Section 8 (criminal convictions). Hence, while the High Court tries the case, the ECI’s role in both initiating and finalising disqualification remains decisive.
Statement 3 is correct: The ECI allots election symbols to recognised political parties and independent candidates under the Election Symbols (Reservation and Allotment) Order, 1968.
Statement 4 is correct: Delimitation of constituencies is undertaken by an independent Delimitation Commission constituted by the President, but the ECI assists in the process and implements the Commission’s final orders.