Question

Which one of the following is not true in respect of Election Commission of India?

• A. It can cancel elections in case of malpractice
• B. Its decisions cannot be challenged in Courts
• C. It allots election symbols
• D. It prepares electoral rolls

Hint:

In the Indian constitutional framework, no authority or body is above judicial review.
Any option stating that a body's decisions "cannot be challenged in courts" is almost always legally false.
This is an excellent rule of thumb for legal exams.

Answer 1

The Correct Option is B

Step 1: Understanding the Question:
The question is based on the constitutional powers and limits of the Election Commission of India (ECI).
We need to identify which of the given statements is factually and legally incorrect regarding the ECI.

Step 2: Key Concept or Approach:
Under Article 324 of the Indian Constitution, the ECI is vested with the power of superintendence, direction, and control of elections.
However, India follows the principle of judicial review, which is a basic structure of the Constitution.
This means no administrative or statutory body's decisions are completely immune to judicial scrutiny.

Step 3: Detailed Explanation:

• Let us analyze each statement to verify its validity:

• Statement (A): "It can cancel elections in case of malpractice" - This is correct. The ECI has the absolute power to postpone or cancel elections under Article 324 if it finds that the electoral atmosphere is compromised due to rigging, booth capturing, or excessive use of money.

• Statement (C): "It allots election symbols" - This is correct. Under the Election Symbols (Reservation and Allotment) Order, 1968, the ECI has the exclusive power to allocate symbols to political parties and resolve disputes regarding party splits.

• Statement (D): "It prepares electoral rolls" - This is correct. The preparation and updating of electoral rolls (voter lists) is a primary constitutional duty of the ECI.

• Statement (B): "Its decisions cannot be challenged in Courts" - This statement is incorrect. While Article 329 bars courts from interfering in electoral matters once the election process begins, the decisions of the ECI can indeed be challenged through Election Petitions in the High Court and subsequently appealed to the Supreme Court.

• Additionally, administrative decisions of the ECI can be challenged under writ jurisdiction in High Courts or the Supreme Court on grounds of arbitrariness or violation of natural justice.


Step 4: Final Answer:
The incorrect statement is that the ECI's decisions cannot be challenged in courts, which corresponds to Option (B).