Question

Statement-1 : The Election Commission of India is a constitutional body
Statement-2 : The Election Commission of India submits reports regarding disqualification of Members of Parliament to the Speaker of Lok Sabha

• A. Only statement-1 is correct
• B. Only statement-2 is correct
• C. Both statements are correct
• D. Neither of the statements is correct

Hint:

The ECI is established under Article 324 (Constitutional Body).
Under Article 103, the President decides on MP disqualifications in consultation with the ECI.
The Speaker only decides Tenth Schedule (defection) cases, where the ECI has no role.

Answer 1

The Correct Option is A

Step 1: Understanding the Question:
We need to evaluate the validity of both Statement-1 and Statement-2.
Statement-1 concerns the legal status of the ECI, while Statement-2 concerns the procedure for the disqualification of Members of Parliament (MPs) and the authority to whom the ECI reports.


Step 2: Detailed Explanation:

• Statement-1 is correct: The Election Commission of India is established directly by the Constitution of India under Article 324. This makes it a constitutional body, rather than a statutory or executive body.

• Statement-2 is incorrect: Under Article 103 of the Constitution of India, if any question arises as to whether a Member of Parliament has become subject to any disqualification (other than on grounds of defection), the question is referred to the decision of the President of India.

• Before giving any decision on such a question, the President is constitutionally required to obtain the opinion of the Election Commission of India and must act according to that opinion.

• Therefore, the ECI submits its opinion/reports regarding disqualification to the President of India, not to the Speaker of the Lok Sabha.

• Disqualifications on the ground of defection under the Tenth Schedule are decided by the Speaker or Chairman of the House, and the ECI does not have an advisory role in those proceedings.

• Since Statement-1 is true and Statement-2 is false, only Statement-1 is correct.



Step 3: Final Answer:
Only Statement-1 is correct, which corresponds to Option (A).