The Superintendence, direction and control of elections in India is vested in
- (a)The Supreme Court of India
- (b)The Parliament of India
- (c)The Election Commission of India
- (d)The Chief Election Commissioner
Correct — C, The Election Commission of India. The stem quotes Article 324(1) almost word for word. That clause provides that the superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State, and of elections to the offices of President and Vice-President, shall be vested in a Commission referred to in the Constitution as the Election Commission. The power is vested in the Commission as a body, which is what makes option (c) right and option (d) wrong. Article 324(2) then says the Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners as the President may from time to time fix.
- (a)The Supreme Court of India — The courts come in after the poll, not during it. An election to Parliament or a State legislature is called in question by an election petition to the High Court, with appeal to the Supreme Court, and Article 329(b) bars any court from interfering with the election process while it is under way.
- (b)The Parliament of India — Parliament makes the law on elections — the Representation of the People Acts of 1950 and 1951, delimitation, and the number and service conditions of the Election Commissioners. Conducting the election under that law is the Commission's job, not Parliament's.
- (d)The Chief Election Commissioner — This is the trap, and it is a narrow one. Article 324 vests the power in the Commission, not in its head. When the Commission is a multi-member body the Chief Election Commissioner acts as its chairman, and the article provides that business shall be transacted by the Commission with any difference of opinion decided by majority.
The Election Commission is one of the few bodies the Constitution itself creates, which is what marks it off from statutory bodies such as the Central Vigilance Commission or the National Human Rights Commission. Article 324 gives it superintendence, direction and control of the electoral rolls and the conduct of elections to Parliament, to the State legislatures, and to the offices of President and Vice-President. It has been a three-member body continuously since 1993. State legislature and parliamentary elections are its business; elections to panchayats and municipalities belong to the State Election Commissions created by Articles 243K and 243ZA, which is a distinction examiners test.
This is a definition item, and the way to secure it is to hold Article 324's exact language rather than a paraphrase, because three of the four options here are plausible-sounding institutions and only the wording separates them. Note the boundaries of the Commission's remit as well. It prepares and revises the electoral rolls, conducts the poll, registers and recognises political parties and allots symbols, and advises the President or Governor on the disqualification of sitting members. It does not decide election disputes — that is for the courts on an election petition — and it does not conduct local body elections. As of the 2018 exam the Commission had three members; the process for appointing them was governed only by the President's discretion and the 1991 Act on their conditions of service, and that appointment process has since been put on a statutory footing, so a candidate quoting the appointment mechanism should date the claim.
- Article 324(1) vests superintendence, direction and control of elections in the Election Commission, as a body.
- Its remit covers Parliament, every State legislature, and the offices of President and Vice-President.
- Article 324(2) — the Commission consists of the Chief Election Commissioner and such other Election Commissioners as the President may fix; it has been three-member since 1993.
- Election disputes are decided by the High Court on an election petition, not by the Commission; Article 329(b) bars judicial interference while the process is on.
- Panchayat and municipal elections belong to the State Election Commissions under Articles 243K and 243ZA.
- Choosing the Chief Election Commissioner because he is the visible face — the power is vested in the Commission.
- Giving the Commission the power to decide election disputes, which belongs to the courts.
- Extending its remit to panchayat and municipal polls, which the State Election Commissions run.
NDA quotes the language of an Article and asks which body it names, or lists functions and asks which of them belong to the Commission.
Which one among the following commissions was set up in pursuance of a definite provision under an Article of the Constitution of India?
- (a) University Grants Commission
- (b) National Human Rights Commission
- (c) Election Commission
- (d) Central Vigilance Commission
Answer(c) Election Commission
The same Article 324 from the other end — it is the constitutional status of the Commission, not merely its function, that sets it apart from statutory bodies.
Consider the following tasks: 1. Superintendence, direction and conduct of free and fair elections 2. Preparation of electoral rolls for all elections to the Parliament, State Legislatures and the Office of the President and the Vice-President 3. Giving recognition to political parties and individuals contesting the election 4. Proclamation of final verdict in the case of election disputes Which of the above are the functions of the Election Commission of India?
- (a) 1, 2 and 3
- (b) 2, 3 and 4
- (c) 1 and 3
- (d) 1, 2 and 4
Answer(a) 1, 2 and 3
Draws the boundary this card's context describes — the Commission superintends, prepares rolls and recognises parties, but does not deliver verdicts in election disputes.
- practice — not a real PYQ
Elections to panchayats and municipalities in a State are superintended by
- (a)the Election Commission of India
- (b)the State Election Commission
- (c)the Governor of the State
- (d)the State Legislature
Answer(b) the State Election Commission — created by Articles 243K and 243ZA, and distinct from the Election Commission of India.
- practice — not a real PYQ
A dispute about the validity of an election to the Lok Sabha is decided by
- (a)the Election Commission of India
- (b)the Speaker of the Lok Sabha
- (c)the High Court on an election petition
- (d)the President of India
Answer(c) the High Court on an election petition, with appeal to the Supreme Court.