Election & Finance Commission of India - Questions and Answers

ANSWER: Both 1 and 2

Explanation:

Independence of Election Commission -

Following provisions of the Constitution safeguard the independence of the Election Commission -

(a) Chief Election Commissioner has security of tenure.

(b) He/she can only be removed in the same manner as a judge of Supreme Court (impeachment) and on grounds of proved misbehavior or incapacity.

(c) The service conditions of Chief Election Commissioner cannot be varied to his/her disadvantage after his/her appointment.

(d) For removing other election commissioners or regional commissioner, recommendation of the Chief Election Commissioner is compulsory.

Criticisms -


• There have been no qualifications provided by the Constitution for determining eligibility of the members of the Election Commission.


• The term of members of Election Commission has not been mentioned in the Constitution.


• The retiring Election Commissioners are eligible for appointment by the government after their tenure is over. This may cast serious doubts over the impartiality of the Election Commissioners.

ANSWER: Both 1 and 2

Explanation:

Powers and Functions of Election Commission -

1) It ensures free and fair elections.

2) It determines the territorial areas of the electoral constituencies throughout India based on the Delimitation Commission Act of Parliament.

3) It prepare and revises electoral rolls.

4) It registers all eligible voters.

5) It notifies the dates and schedules of elections.

6) It grants recognition to political parties.

7) It allots election symbols to parties.

8) It settles disputes regarding granting of recognition to political parties and allotment of election symbols.

9) It decides code of conduct to be observed during the elections.

10) It prepares roster for publicity of the policies of the political parties on radio and TV during elections.

11) President is advised by it on matters relating to the disqualifications of the members of Parliament.

12) Governor is advised by it on matters relating to the disqualifications of the members of state legislature.

13) It cancels, suspends polls in the event of rigging, booth capturing etc.

14) To request the president or the governor for requisitioning the staff necessary for conducting elections.

15) It supervises the machinery of elections throughout India.

16) President is advised as to whether elections can be held in a state under President’s rule.

17) Grants political parties the status of national or state parties on the basis of their previous poll performance.


• The Election Commission is assisted by deputy Election Commissioners, which are drawn from the civil service and appointed with tenure system.


• They are assisted by various secretaries.


• At state level, Chief Electoral Officer assists the Election Commission.


• He is appointed by the Chief Election Commissioner in consultation with the State Government.


• At the district level, the collector acts as the district returning officer.


• He appoints a returning officer for every constituency in the district.


• He also appoints presiding officer for every polling booth in the constituency.

ANSWER: Both 1 and 2

Explanation:

Composition of Election Commission -

As per Article 324 -

(a) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix.

(b) President appoints the Chief Election Commissioner and other Election Commissioners.

(c) When any other Election Commissioner is so appointed, the Chief Election Commissioner shall act as the Chairman of the Eection Commission.

(d) The President may also appoint after consultation with the Election Commission such Regional Commissioners as he may consider necessary to assist the Election Commission in the performance of the functions conferred on the Commission.

(e) President determines the service conditions and tenure of office of the Election Commissioners and the Regional Commissioners.


• From 1950 to 1989, the Election Commission was a single member body consisting of the Chief Election Commissioner.


• In October 1989, two more Election Commissioners were appointed by President.


• This was to cope with the increased work of the Election Commission as voting age was lowered from 21 to 18 years.


• Since then, the Election Commission became a multi-member body consisting of three Election Commissioners.


• But in 1990 the Election Commission again became single member body as the 2 posts of Election Commissioners were abolished.


• In 1993 again, the president appointed two more Election Commissioners.


• Thus, presently, the Election Commission is a multi-member body consisting of three Election Commissioners.


• All 3 Election Commissioners have equal powers and receive equal salary etc., which are similar to those of a judge of the Supreme Court.


• The commission decides cases by majority, if there are different opinions.


• The election commissioners hold office for a term of 6 years or until they attain the age of 65 years, whichever is earlier.


• They can even resign at any time.


• They can also be removed before the expiry of their term.

ANSWER: 2, 3

Explanation:

Finance Commission and its Composition -


• Article 280 deals with formation of Finance Commission.


• It is envisioned as a quasi judicial body.


• The President constitutes once every five years or at such earlier time as he considers necessary.


• The Commission consists of a Chairman and four other members.


• They are appointed by the President.


• They hold office for a period specified by the President.


• They can be re-appointed.


• As per the Constitution, the Parliament can determine the qualifications of members of the commission and also the method in which they should be selected.

The Parliament has specified following qualifications -


• The chairman should be a person having experience in public affairs.

The other 4 members should be selected from amongst the following -

1. A judge of high court or one qualified to be appointed as a judge of High Court.

2. Person with knowledge of Government finances or accounts.

3. Person with experience in administration and financial expertise.

4. Person with special knowledge of economics.

Functions -

It shall be the duty of the Commission to make recommendations to the President as to -

1. The distribution between the Union and the States of the net proceeds of taxes which are to be, or may be, divided between them and the allocation between the States of the respective shares of such proceeds.

2. The principles which should govern the grants-in-aid of revenues of the states out of the consolidated fund of India.

3. The measures needed to augment the consolidated fund of a state to supplement the resources of the Panchayats in the state on the basis of the recommendations made by the State Finance Commission.

4. The measures needed to augment the consolidated fund of a state to supplement the resources of the municipalities in the state on the basis of the recommendations made by the State Finance Commission.

5. Any other matter referred to the Commission by the President in the interests of sound finance.


• Article 281 - The President shall cause every recommendation made by the Finance Commission to be laid before each House of Parliament, together with an explanatory memorandum as to the action taken thereon.

Advisory Role -


• Recommendations made by Finance Commission are only of advisory nature.


• They are not binding on the government.


• Union Government to implement its recommendations on granting money to the states.


• D. D. Basu observed that, it is nowhere laid down in the Constitution that the recommendations of the commission shall be binding upon the Government of India or that it would give rise to a legal right in favor of the beneficiary states to receive the money recommended to be offered to them by the Commission.


• Dr. P. V. Rajamannar, the Chairman of the Fourth Finance Commission observed that, “Since the Finance Commission is a constitutional body expected to be quasi-judicial, its recommendations should not be turned down by the Government of India unless there are very compelling reasons”.

ANSWER: Only 1

Explanation:

Impact of Planning Commission -


• Finance Commission balances fiscal federalism in India.


• But its role of in Centre - state financial relations has been reduced and weakened by Planning Commission.


• Planning Commission is a non-constitutional and a non-statutory body.


• Dr P. V. Rajamannar, the Chairman of the Fourth Finance commission, observed that the functions and responsibilities of both the Commissions overlap to a great extent.

He observed the following in his report -

1. Setting up of the Planning Commission curtailed the scope and functions of the Finance Commission.

2. As the entire plan, with regard to both policy and programme, comes within the purview of the Planning Commission and as the assistance to be given by the Centre for plan projects either by way of grants or loans is practically dependent on the recommendations of the Planning Commission, it is obvious that a body like the Finance Commission cannot operate in the same field.

3. The main functions of the Finance Commission now consist in determining the revenue gap of each state and providing for filling up the gap by a scheme of devolution, partly by a distribution of taxes and duties and partly by grants-in-aid.

4. We, therefore, recommend that in future the Finance Commission may be asked to make recommendations on the principles which should govern the distribution of plan grants to the states.

5. While the principles governing the distribution of the plan grants will be set out by the Finance Commission, the application of these principles from year to year will be left to the Planning Commission and the Government.

Finance Commissions Appointed -


• Till now, 14 finance commissions have been constituted.


• The head of the 13^th was Dr. Vijay Kelkar.


• The head of the 14^th is Y. V. Reddy.


• The 14^th was appointed in 2013.


• The period of implementation of the 14^th Finance Commission is 2016-2020.