Consider the following statements:

1. The Election Commission of India is a five-member body.
2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties.

Which of the statements given above is/are correct?

1. 1 and 2 only
2. 2 only
3. 2 and 3 only
4. 3 only

Explanation

Statement 1 is incorrect

• Election Commission is a permanent, all-India, quasi-judicial and independent constitutional body established in 1950 to conduct and regulate elections in the country.
• Part XV and Article (324-329) of the constitution of India deal with elections and election commission.
• ECI administers elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, State Legislative Councils and the offices of the President and Vice President of the country.
• The Election Commission comprises:
  • A Chief Election Commissioner (CEC) and
  • Two Election Commissioners (ECs).

Statement 2 is incorrect

• It is the Commission which decides the election schedules for the conduct of elections, whether general elections or bye-elections.

Statement 3 is correct

• The Election Symbols (Reservation and Allotment) Order, 1968 empowers the EC to recognise political parties and allot symbols.
• Under Paragraph 15 of the Order, it can decide disputes among rival groups or sections of a recognised political party staking claim to its name and symbol.
  • Under Paragraph 15, the EC is the only authority to decide issues on a dispute or a merger. The Supreme Court upheld its validity in Sadiq Ali and another vs. ECI in 1971.

Answer: (d) 3 only; Difficulty Level: Hard