Q. Consider the following statements with reference to the By-Elections in India:
1. By-election to the house of Parliament or a state legislature must be held within three months of occurrence of the vacancy.
2. By-elections may not be held if the remainder of the term of the member whose vacancy is to be filled is less than one year.
Which of the statements given above is/are correct?
Exp) Option b is the correct answer.
Statement 1 is incorrect: In India by-elections to the house of Parliament or a state legislature must be held within six months (not three months) of occurrence of the vacancy. By-election is held with a definite purpose, which is to fill a political office that has become vacant.
Statement 2 is correct: By-elections are not mandatorily conducted where the remainder of the term of the member whose vacancy is to be filled is less than one year. Also, when the Election Commission in consultation with the Central Government, certifies that it is difficult to hold the by-elections within the said period then By-elections can be deferred.
| Important Tips In India, by elections is held in one or a few constituencies due to the death or resignation of candidates. However, it can also be held if an elected member resigns or gets disqualified under parliamentary law. A member of a legislative assembly often leaves his position vacant on various grounds, especially when he/she becomes inept. It could be the person’s untimely death or a criminal conviction, which makes him ineligible to continue in office. |
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