Previous Year Question
Consider the following statements:
Union Territories are not represented in the Rajya Sabha.
It is within the purview of the Chief Election Commissioner to adjudicate the election disputes.
According to the Constitution of India, the Parliament consists of the Lok Sabha and the Rajya Sabha only.
Which of the statements given above is/are correct?
1 only
2 and 3 only
1 and 3 only
None of these
Correct Answer: D
Detailed Solution
All three statements are incorrect.
Statement 1 is incorrect. Under Article 80(5), representatives of Union Territories in the Rajya Sabha are chosen in the manner prescribed by Parliament by law.
Not every Union Territory has representation in the Rajya Sabha, but certain Union Territories having Legislative Assemblies are represented. At the time of this question:
The National Capital Territory of Delhi had 3 representatives in the Rajya Sabha.
Puducherry had 1 representative in the Rajya Sabha.
Therefore, it is incorrect to say that Union Territories have no representation at all. The allocation of Rajya Sabha seats to States and Union Territories is provided in the Fourth Schedule to the Constitution.
Statement 2 is incorrect. The Chief Election Commissioner does not adjudicate election disputes.
Under Article 329(b) and the Representation of the People Act, 1951, an election to Parliament or a State Legislature may be challenged only through an election petition presented before the prescribed authority. Election petitions are tried by the concerned High Court, and an appeal against the High Court’s decision may be made to the Supreme Court.
The Election Commission supervises, directs and controls elections, but it is not the judicial authority that decides election petitions.
However, under Articles 103 and 192, the President or Governor obtains the Election Commission’s opinion in certain questions concerning the disqualification of a sitting MP or MLA. This is different from adjudicating an election dispute challenging an election result.
Statement 3 is incorrect. Under Article 79, the Union Parliament consists of three components:
The President
The Rajya Sabha
The Lok Sabha
The President is not a member of either House but is an integral part of Parliament. An ordinary Bill passed by Parliament cannot become law without presidential assent. The President summons and prorogues Parliament and may dissolve the Lok Sabha.
Additional facts
The Rajya Sabha is a permanent House and is not subject to dissolution.
Approximately one-third of its members retire every second year.
Under Article 324, the Election Commission has the superintendence, direction and control of elections to Parliament, State Legislatures and the offices of President and Vice-President.
The Election Commission conducts and supervises elections, whereas the High Court judicially determines the validity of an election.
Therefore, none of the statements is correct.