Question

Which among the following statements related to elections in India is/are true?

1.The Chief Election Commissioner and the two Election Commissioners have equal powers to take all decisions relating to elections as a collective body.

2. The CEC can be removed before the expiry of the term, by the President if both Houses of Parliament make such a recommendation with a simple majority.

3. Article 324 of the Indian Constitution provides for an independent Election Commission.

4. The Election Commission is not responsible for the conduct of local body elections

1. 1, 3 and 4 only
2. 1 and 4 only
3. 1 and 3 only
4. All statements are correct

Answer 1

Correct Answer - Option 1 : 1, 3 and 4 only

The correct answer is 1, 3 and 4 only.

• Article 324 of the Indian Constitution provides for an independent Election Commission for the ‘superintendence, direction and control of the electoral roll and the conduct of elections’ in India. Statement 3 is correct.
• The Chief Election Commissioner (CEC) presides over the Election Commission but does not have more powers than the other Election Commissioners.
• The CEC and the two Election Commissioners have equal powers to take all decisions relating to elections as a collective body.  Statement 1 is correct.
• The CEC can be removed before the expiry of the term, by the President if both Houses of Parliament make such a recommendation with a special majority. This is done to ensure that a ruling party cannot remove a CEC that refuses to favour it in elections. Hence, statement 2 is incorrect.
• They are appointed by the President of India on the advice of the Council of Ministers.
• The Election Commission is not responsible for the conduct of local body elections. The State Election Commissioners work independently of the Election Commission of India and each has its own sphere of operation. Statement 4 is correct.

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• The simple majority refers to a majority of more than 50% of the members present and voting in the House.
• The special majority means the two-thirds majority of those present and voting, and a simple majority of the total membership of the House.
• The Constitution ensures the security of the tenure of the CEC and Election Commissioners. They are appointed for a six-year term or continue till the age of 65, whichever is earlier.