Insights Static Quiz -138, 2018 –Polity and Rights issues

Answer – B

• In Maru Ram v. Union of India (1980) and Kehar Singh v. Union of India (1988) — the Supreme Court held that in exercising the power under Article 72 (the power of the President to grant pardons, and to suspend, remit or commute sentences in certain cases) or Article 161 (the power of the Governor to do the same) of the Constitution, the President or the Governor has to act on the advice of the Council of Ministers and not at his or her own discretion. Hence statement 1 is incorrect
• In Maru Ram’s case and other subsequent judgments of the Supreme Court that the Governor’s act of granting pardon is subject to judicial review and can be struck down if it is arbitrary or mala fide. Hence statement 2 is correct

Answer – A

• EC conducts the elections of parliament, state legislatures, the office of president of India and the office of vice-president of India. Hence statement 1 and 2 are correct.
• Election commission is not concerned with the elections to panchayats and muncipalities in the states. For this, the Constitution of India provides for a separate State Election Commission. Hence statement 3 is incorrect.

Answer – B

Though the constitution has sought to safeguard and ensure the independence and impartiality of the Election Commission, some flaws can be noted, viz.

• The Constitution has not prescribed the qualifications (legal, educational, administrative or judicial) of the members of the Election Commission. Statement 1 is incorrect
• The Constitution has not specified the term of the members of the Election Commission.
• The Constitution has not debarred the retiring election commissioners from any furthe appointment by the government. Hence statement 2 is correct.

Answer – a

Functions of EC are

• To determine the territorial areas of the electoral constituencies throughout the country on the basis of the Delimitation Commission Act of Parliament. Hence statement 1 is correct.
• To grant recognition to political parties and allot election symbols to them, and To act as a court for settling disputes related to granting of recognition to political parties an allotment of election symbols to them. Hence statement 2 is incorrect.
• To advise the president on matters relating to the disqualifications of the members of Parliament. Hence statement 3 is correct.

Answer – B

• At the state level, the Election Commission is assisted by the chief electoral officer who is appointed by the chief election commissioner in consultation with the state government. Hence statement 1 is incorrect
• Below this, at the district level, the collector acts as the district returning officer.
• He appoints a returning officer for every constituency in the district and presiding officer for every polling booth in the constituency. Hence statement 2 is correct.