Which of the following statements are correct in respect of the Election Commission of India?

OPSC OAS 2022 PrelimsPolityQuestion 7

Solved previous year question from the OPSC OAS/OCS 2022 Preliminary Examination (General Studies), with the official answer key and a detailed explanation.

Question

Which of the following statements are correct in respect of the Election Commission of India?

(1) It is an autonomous Legal Body

(2) Part XV of Indian Constitution deals with the Elections and the Election Commission

(3) The Election Commission was established on January 25, 1950

(4) Art. 328 provides bar on the interference of Courts in electoral matters.

Which of the statements given above is/are correct?

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Show answer & explanation

Answer & Explanation

Correct answer: (A) 2 and 3 or (D) 2 and 3 (OPSC accepted more than one option)

Explaination

  • The Election Commission of India is not merely an "autonomous legal body." It is a Constitutional Body, established directly under Art. 324 of the Constitution. Calling it a "legal body" understates its constitutional character.
  • Part XV of the Indian Constitution (Articles 324 to 329) deals with Elections and the Election Commission, covering its composition, powers, superintendence, and related matters.
  • The Election Commission of India was established on January 25, 1950 — one day before India became a Republic on January 26, 1950. This date is also celebrated as National Voters Day.
  • The bar on courts’ interference in electoral matters is provided under Art. 329, not Art. 328. Art. 328 deals with the power of State Legislatures to make provisions with respect to elections to such Legislature.

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