Question

Q. With reference to The Election Commission of India, Consider the following Statements:

Which of the above given functions is/are performed by the Election Commission?

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

Answer 1

The correct option is D

1 and 2 only
Explanation:

Among the major Constitutional Bodies in India, Election Commission is a permanent Constitutional Body. It was established in accordance with the Constitution on 25th January 1950.

Statements 1 and 2 are correct :The Constitution has vested to this body superintendence, direction and control of the entire process for conduct of elections.
The Commission’s functions and powers with respect to elections to the offices of the President, the Vice President, the state legislators and the Parliament is divided under three headings:

• Administrative
• Advisory
• Quasi-judicial

In details, these powers and functions are:

• Determining the Electoral Constituencies’ territorial areas throughout the country on the basis of the Delimitation Commission Act of Parliament.
• Preparing and periodically revising electoral rolls and registering all eligible voters.
• Notifying the schedules and dates of elections and scrutinising nomination papers.
• Granting recognition to the various political parties and allocating them election symbols.
• Acting as a court to settle disputes concerning the granting of recognition to political parties and allocating election symbols to the parties.
• Appointing officers for inquiring into disputes concerning electoral arrangements.
• Determining the code of conduct to be followed by the political parties and candidates during elections.

Statement 3 is incorrect: All doubts and disputes relating to the elections to the office of President and Vice-President are dealt with by the Supreme Court (Article 71), whereas the initial jurisdiction to deal with all doubts and disputes relating to the elections to Parliament and State Legislatures vests in the High Court of the State.