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Question

Which of the following is not under the powers and functions of the Election Commission of India?

This question was previously asked in
CDS I 2018 Elementary Mathematics Previous Year Paper (04-Feb-2018)
The correct answer is

Appointment of the Regional Commissioners to assist’ the Election Commission in the performance of the functions conferred on the Commission

Understanding Election Commission Powers in India

The Election Commission of India is an independent constitutional body responsible for administering election processes in India. Article 324 of the Constitution vests in the Election Commission the powers of superintendence, direction, and control of the preparation of electoral rolls and the conduct of elections to Parliament, State Legislatures, the office of President, and the office of Vice President.

Let's examine each of the given options in the context of the powers and functions of the Election Commission:

  • Option 1: Superintendence, direction and control of the preparation of electoral rolls
    This is explicitly stated as a power of the Election Commission under Article 324(1) of the Constitution. The EC is responsible for creating, maintaining, and updating the lists of eligible voters.
  • Option 2: Conduct of elections to the Parliament and to the Legislature of each State
    This is also a core function and power of the Election Commission as per Article 324(1). The EC oversees the entire process of conducting elections for both Lok Sabha, Rajya Sabha, and the State Legislative Assemblies and Councils.
  • Option 3: Conduct of election to the office of the President and the Vice President
    Article 324(1) also includes the conduct of elections to the offices of the President and Vice President under the purview of the Election Commission's powers.
  • Option 4: Appointment of the Regional Commissioners to assist’ the Election Commission in the performance of the functions conferred on the Commission
    While the Election Commission needs assistance from Regional Commissioners, Article 324(4) states that the President may appoint Regional Commissioners from time to time after consulting the Election Commission. The power of appointment rests with the President, not the Election Commission itself. The Election Commission only *recommends* or is *consulted* for these appointments.

Based on the analysis of the constitutional provisions, the appointment of Regional Commissioners is a power exercised by the President, albeit in consultation with the Election Commission. Therefore, this power does not directly lie with the Election Commission of India.

Key Powers of Election Commission vs. Appointment Power
Function/Power Exercised by Article
Superintendence, direction, control of electoral rolls Election Commission 324(1)
Conduct of Parliament & State Legislature elections Election Commission 324(1)
Conduct of President & Vice President elections Election Commission 324(1)
Appointment of Regional Commissioners President (in consultation with EC) 324(4)

Revision Table: Election Commission Functions

Core Function Description
Electoral Rolls Preparation Ensuring accurate and up-to-date voter lists.
Conducting Elections Managing polls for Parliament, State Legislatures, President, and Vice President.
Delimitation of Constituencies Adjusting constituency boundaries (based on Delimitation Act).
Granting Recognition to Political Parties Registering parties and determining their status.
Allotting Election Symbols Assigning symbols to political parties and candidates.
Advising on Disqualifications Giving advice to the President/Governor regarding MP/MLA disqualifications.
Code of Conduct Enforcing the Model Code of Conduct during elections.

Additional Information on Election Commission

The Election Commission of India is a permanent and independent body established by the Constitution of India directly to ensure free and fair elections in the country. The Constitution provides for the composition of the Commission. Originally, it was a single-member body, but currently, it is a multi-member body consisting of one Chief Election Commissioner and two Election Commissioners. The President appoints the Chief Election Commissioner and other Election Commissioners. Their tenure is six years or until they attain the age of 65 years, whichever is earlier. They enjoy the same status and receive salary and perks similar to a Supreme Court Judge. The Chief Election Commissioner can be removed from office only through a process similar to the removal of a Supreme Court Judge, ensuring their independence.

The regional commissioners mentioned in Option 4 are appointed to assist the EC for a specific period or for a particular election. Their number and tenure are determined by the President in consultation with the EC.

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Similar Questions

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