Identify the correct statement with regard to certain functions of Election Commission of India:
I Under the Constitution, the Commission also has advisory jurisdiction in the matter of post election disqualification of sitting members of Parliament and State Legislatures.
II The opinion of the Commission in all such matters is binding on the President or, as the case may be, the Governor to whom such opinion is tendered.
III The Commission has the power to disqualify a candidate who has failed to lodge an account of his election expenses within the time and in the manner prescribed by law.
IV The Commission has also the power for removing or reducing the period of such disqualification as also other disqualification under the law.

Question

Identify the correct statement with regard to certain functions of Election Commission of India: 
I Under the Constitution, the Commission also has advisory jurisdiction in the matter of post election disqualification of sitting members of Parliament and State Legislatures. 
II The opinion of the Commission in all such matters is binding on the President or, as the case may be, the Governor to whom such opinion is tendered. 
III The Commission has the power to disqualify a candidate who has failed to lodge an account of his election expenses within the time and in the manner prescribed by law. 
IV The Commission has also the power for removing or reducing the period of such disqualification as also other disqualification under the law.

Accepted Answer

The correct option is 3:

The correct option is "All the statements are correct." This is because all four statements accurately reflect the constitutional powers and functions vested in the Election Commission of India (ECI) under various legal provisions, primarily Article 103, Article 192 of the Constitution, and the Representation of the People Act, 1951.

**Statement I** asserts that the ECI has advisory jurisdiction regarding the post-election disqualification of sitting members of Parliament (MPs) and State Legislatures (MLAs). This is factually correct. Under Article 103 (for MPs) and Article 192 (for MLAs), the President or the Governor, respectively, must refer any question regarding disqualification (based on grounds other than defection) to the ECI, and must act according to the opinion tendered by the Commission.

**Statement II** states that the ECI’s opinion in such matters is binding on the President or the Governor. This is a crucial detail of the ECI's advisory power under Articles 103 and 192. While the President/Governor formally passes the order, they are constitutionally bound by the advice of the Election Commission to ensure the neutrality and independence of the electoral process in determining these disqualifications.

**Statement III** deals with the power to disqualify a candidate who fails to lodge an account of their election expenses correctly and within the prescribed time. This power is explicitly granted to the ECI under Section 10A of the Representation of the People Act, 1951. This is a necessary function to maintain financial transparency and accountability in the electoral process.

**Statement IV** confirms the ECI's power to remove or reduce the period of such disqualification. This is also derived from the Representation of the People Act, 1951 (specifically Section 11 and its amendments). It grants the ECI the authority to remit (remove) or reduce a disqualification imposed under Section 10A (failure to lodge accounts) or under certain other specified sections of the Act. This provides a mechanism for review and relief where appropriate.

Since all four statements—covering the ECI's advisory role in post-election disqualification (I and II) and its specific quasi-judicial powers related to election expenses (III and IV)—are legally sound functions of the ECI, the option encompassing all of them is the correct choice.

The incorrect option is 1 (Statement I, II & III are correct.):

This option incorrectly omits Statement IV, which details the ECI’s power to remove or reduce disqualifications. By selecting this option, one would be failing to acknowledge the ECI's crucial remedial authority under the Representation of the People Act, 1951. Section 11 of the RP Act specifically grants the Commission the power to remove or reduce the period of disqualification imposed on candidates under various provisions, including those related to failure to lodge election accounts (Statement III). Therefore, Statement I, II, and III being correct does not negate the correctness of Statement IV, making this option incomplete and thus incorrect in a scenario where all four are true.

The incorrect option is 2 (Statement II & IV are correct.):

This option is incomplete because it excludes two fundamental and correct functions of the ECI: the advisory jurisdiction itself (Statement I) and the power to impose disqualification for failure to lodge accounts (Statement III). Statements I and III are the basis for the enforcement mechanisms described in Statements II and IV, respectively. Advisory jurisdiction (I) is explicitly mentioned in the Constitution, and the corresponding binding nature (II) is derived from it. Similarly, the power to disqualify (III) precedes the power to remove/reduce disqualification (IV). Since Statements I and III are also correct, this choice is insufficient.

The incorrect option is 4 (All the statements are incorrect.):

This option is factually wrong because, as established, all four statements accurately describe the functions of the Election Commission of India. Statement I and II are derived from Articles 103 and 192 of the Constitution, confirming the ECI's mandatory and binding advisory role in post-election disqualifications. Statements III and IV are derived from the Representation of the People Act, 1951 (specifically Sections 10A and 11), confirming the ECI's powers over election expenditure compliance. Asserting that all these well-established statutory and constitutional powers are incorrect displays a misunderstanding of the ECI’s comprehensive mandate.