Which of the following statements with regard to the conduct of elections in India is/are not correct?
1. The responsibility for the preparation of the electoral rolls is vested in the Election Commission of India.
2. The Model Code of Conduct comes into existence as soon as the date of the election is announced.
3. The laws relating to delimitation of constituencies are made by the Election Commission of India.
4. No election shall be called in question except by an election petition.
Select the correct answer using the code given below.
3 only
1, 2 and 4
1, 2 and 3
4 only
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC CDS-2 – 2016
Statement 1: The responsibility for the preparation of the electoral rolls is vested in the Election Commission of India. This is correct. Article 324 of the Constitution and the Representation of the People Act, 1950, vest this responsibility with the ECI.
Statement 2: The Model Code of Conduct comes into existence as soon as the date of the election is announced. This is correct. The MCC is enforced by the ECI from the date of announcement of the election schedule until the completion of the election process.
Statement 3: The laws relating to delimitation of constituencies are made by the Election Commission of India. This is incorrect. Delimitation of constituencies is done by a Delimitation Commission established by an Act of Parliament. While the ECI is involved in the electoral process, the laws governing delimitation are made by the Parliament.
Statement 4: No election shall be called in question except by an election petition. This is correct. Article 329(b) of the Constitution bars questioning the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies and states that no election shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature.
Therefore, only statement 3 is incorrect.
– MCC is effective from election announcement date.
– Delimitation laws are made by Parliament, not ECI.
– Election disputes are resolved through election petitions.