Previous Year Question
Which of the following are the functions of the Election Commissioner of India?
Conduct of elections for the posts of the Speaker and the Deputy Speaker of the Lok Sabha and Deputy Chairman of the Rajya Sabha.
Conduct of elections of the Municipal Corporations and Municipalities.
Deciding on all doubts and disputes arising out of the above elections.
Select the correct answer from the codes given below:
2 and 3
1 and 2
1 and 3
None of the above
Correct Answer: D
Detailed Solution
Under Article 324 of the Indian Constitution, the Election Commission of India is entrusted with the superintendence, direction and control of elections to Parliament, State Legislatures and the offices of President and Vice-President.
However, none of the three functions given in the question falls within the functions of the Election Commission of India.
Statement 1 is incorrect.
The elections of the Speaker and Deputy Speaker of the Lok Sabha and the Deputy Chairman of the Rajya Sabha are not conducted by the Election Commission of India.
According to Article 93 of the Constitution, the Lok Sabha elects its Speaker and Deputy Speaker from among its members.
Similarly, according to Article 89(2), the Rajya Sabha elects its Deputy Chairman from among its members.
The elections to these offices are conducted under the internal parliamentary procedures of the respective Houses.
Important distinction: The Election Commission of India conducts elections to elect members of the Lok Sabha and Rajya Sabha, but it does not conduct the elections of their Presiding Officers.
Statement 2 is incorrect.
Elections to Municipal Corporations and Municipalities are conducted by the respective State Election Commissions, not by the Election Commission of India.
Under Article 243ZA, the State Election Commission is entrusted with the superintendence, direction and control of the preparation of electoral rolls and the conduct of elections to Municipalities.
Article 243K deals with elections to Panchayats. It also entrusts the responsibility for conducting these elections to the State Election Commission.
Therefore, separate constitutional election authorities are provided for local body elections and elections to Parliament and State Legislatures.
Statement 3 is incorrect.
The Election Commission of India is not the authority responsible for deciding all doubts and disputes arising from the elections mentioned above.
The elections of the Speaker and Deputy Speaker of the Lok Sabha and the Deputy Chairman of the Rajya Sabha are governed by the parliamentary procedures of the respective Houses. Disputes concerning municipal elections are resolved according to the applicable State laws.
Additionally, disputes concerning the results of parliamentary and State Assembly elections conducted by the Election Commission of India are not finally decided by the Commission itself.
Under the Representation of the People Act, 1951, such elections may be challenged through election petitions before the respective High Courts. Disputes concerning presidential and vice-presidential elections are decided by the Supreme Court.
Thus, conducting elections and judicially deciding all disputes arising from them are different functions.