Identify the correct statement regarding the Election Commission of India.

Correct — option (3), Under the Constitution, the Commission also has advisory jurisdiction in the matter of post election disqualification of sitting members of Parliament and State Legislatures.

The source is Articles 103 and 192. If a question arises whether a sitting MP or MLA has become disqualified under Article 102(1) or 191(1), it goes to the President or the Governor, whose decision is final.

But before deciding, the President or Governor "shall obtain the opinion of the Election Commission and shall act according to such opinion". That is the Commission's advisory jurisdiction in post-election disqualification — and the Election Commission's own description of its role uses the same words.

Each of the other three statements takes a real fact and changes its numbers: the founding year, the year the Commission became multi-member, or both limits of the tenure.

Hold the three numbers: 25 January 1950, 1993, and six years or 65.

Why the others are wrong

• (1)
  Election Commission of India is a permanent Constitutional Body and it was established in accordance with the Constitution on 25th January, 1952. — The first half is right — the Commission is a permanent constitutional body under Article 324. The date is wrong.

  The Election Commission states that it was established on 25 January 1950, the day before the Constitution came into force. 1952 belongs instead to the first general elections, held across 1951–52. 25 January is observed as National Voters' Day.

• (2)
  The concept of multi-member Commission has been in operation since 1995 with decision making power by majority vote. — The idea is right but the year is wrong. The Commission had only a Chief Election Commissioner at first. Two Election Commissioners were appointed on 16 October 1989 but served only until 1 January 1990.

  Two more were appointed on 1 October 1993, and the Commission says the multi-member model, with decisions by majority vote, has operated since then.

• (4)
  The President appoints Chief Election Commissioner and Election Commissioners and they have tenure of five years, or up to the age of 60 years, whichever is earlier. — The President does appoint them (Article 324(2)), but the tenure is wrong. It is six years, or up to the age of 65, whichever is earlier.

  The same six-year and 65-year limits are in the 2023 Act on the appointment, conditions of service and term of office of the Chief Election Commissioner and other Election Commissioners. Five years and 60 match neither.

The Election Commission of India is created by Article 324, which vests in it the superintendence, direction and control of elections to Parliament, the State Legislatures, and the offices of President and Vice-President.

It consists of the Chief Election Commissioner and such other Election Commissioners as the President fixes. The Chief Election Commissioner can be removed only in the manner and on the grounds of a Supreme Court judge; the other Commissioners only on the Chief Election Commissioner's recommendation.

Beyond conducting elections, it advises the President and Governors on whether sitting legislators have incurred disqualification, and that advice binds them.

Key facts

• The Election Commission of India was established on 25 January 1950, under Article 324.
• Two additional Election Commissioners were appointed on 1 October 1993; the multi-member Commission, deciding by majority, has run since then.
• The Chief Election Commissioner and Election Commissioners hold office for six years or until age 65, whichever is earlier.
• Under Articles 103(2) and 192(2), the President or Governor must obtain and act on the Election Commission's opinion on a sitting member's disqualification.
• The Chief Election Commissioner can be removed only in like manner and on like grounds as a Supreme Court judge (Article 324(5)).

Common traps

• 25 January 1950 is the Commission's founding date; 26 January 1950 is the Constitution's commencement; 1951–52 is the first general election. Three nearby dates, three different events.
• The Commission advises on disqualification under Articles 102 and 191, but the decision is the President's or Governor's. Defection cases under the Tenth Schedule go to the Speaker or Chairman instead.
• The first multi-member experiment in 1989 was short-lived; the multi-member Commission dates from 1 October 1993.

UnlockIAS will link similar questions from RAS Pre 2023 and 2021 here once those papers are published on this site.

• practice — not a real PYQ

  Before deciding whether a member of a State Legislative Assembly has become subject to a disqualification under Article 191(1), the Governor must obtain the opinion of:

  • (a)the Chief Minister
  • (b)the Election Commission of India
  • (c)the High Court of the State
  • (d)the State Election Commission
  Answer(2) — Article 192(2) requires the Governor to obtain the Election Commission's opinion and act according to it.

  Option (1) is wrong because the Chief Minister has no role in this decision. Option (3) is wrong because the High Court is not consulted under Article 192. Option (4) is wrong because the State Election Commission conducts local body elections and has no role here.

• practice — not a real PYQ

  Since when has the Election Commission of India functioned as a multi-member body with decisions by majority vote?

  • (a)25 January 1950
  • (b)16 October 1989
  • (c)1 January 1990
  • (d)1 October 1993
  Answer(4) — Two additional Election Commissioners were appointed on 1 October 1993, and the multi-member Commission has run since then. Option (1) is the Commission's founding date, when it had only a Chief Election Commissioner. Option (2) is the date of the first, short-lived appointment of two Commissioners. Option (3) is when that first arrangement ended.