Insights Static Quiz -351, 2019–Polity

Solution: c)

What are the possible actions EC can take against candidates and parties?

• The EC monitors the adherence of political parties and candidates to the ‘Model Code of Conduct’.
• If the violations are also offences under election law and the criminal law of the land, the EC has the power to recommend registration of cases against the offenders.
• However, for some violations — such as canvassing for votes during a period when electioneering is barred, making official announcements while the MCC is in force, and making appeal to voters on sectarian grounds — the EC has the power to advise or censure candidates, in addition to directing registration of cases.
• In some cases, as recent incidents would show, the EC may bar candidates or leaders from campaigning for specified periods.
• Asking individuals to leave a constituency or barring entry into certain areas are other powers that the EC may exercise. These powers are not necessarily traceable to any provision in law, but are generally considered inherent because of the sweeping and plenary nature of the EC’s responsibility under the Constitution to ensure free and fair elections.
• Its powers extend to postponing elections to any constituency, cancelling an election already notified, and even to abrogate or annul an election already held.

Solution: b)

What are the limitations of the EC’s powers?

• The EC does not have the power to disqualify candidates who commit electoral malpractices. At best, it may direct the registration of a case.
• The EC also does not have the power to deregister any political party. However, the Constitution empowers the EC to decide whether a candidate has incurred disqualification by holding an office of profit under the appropriate government, or has been declared an insolvent, or acquired the citizenship of a foreign state.

When a question arises whether a candidate has incurred any of these disqualifications, the President of India or Governor has to refer it to the EC. The poll panel’s decision on this is binding.

Solution: d)

Originally, it had 25 members but in 1956 its membership was raised to 30. All the thirty members are from Lok Sabha only. The Rajya Sabha has no representation in this committee. (Statement 1)

It examines the budget estimates only after they have been voted by the Parliament, and not before that. (Statement 3)

Solution: d)

This committee classifies bills and allocates time for the discussion on bills and resolutions introduced by private members (other than ministers). This is a special committee of the Lok Sabha and consists of 15 members including the Deputy Speaker as its chairman. The Rajya Sabha does not have any such committee. The same function in the Rajya Sabha is performed by the Business Advisory Committee of that House.

Solution: c)

Ideals of Liberty, equality and fraternity in Indian constitution is borrowed from France Constitution.