Q. With reference to elections in India, consider the following statements:
1. The 17th Constitutional Amendment Act (CAA) made the procedure for removal of other Election Commissioners as the same as that of Chief Election Commissioner.
2. The candidate contesting elections for State and Central legislature must declare his/her – own assets, spouses’ assets and dependants’ assets.
3. It is mandatory for political parties to publish criminal records of their candidates on their websites and to publish them in at least two newspapers.
4. Legislatures can be removed from his/her post immediately after his/her conviction of offences which amounts to at least 2-year imprisonment.
How many of the above-given statements are correct?
Exp) Option c is the correct answer.
Statement 1 is incorrect: Article 324 (5) of the Constitution provides that the Chief Election Commissioner shall not be removed from his office except in like manner as a Judge of the Supreme Court. But does not provide similar protection to the Election Commissioners, and it merely says that they cannot be removed from office except on the recommendation of the Chief Election Commissioner and this provision has not changed so far by the Government of India.
Statement 2 is correct: In 2003, the Election Commission issued an order directing every candidate seeking election to the Parliament or a State legislature to declare his/her – own assets, spouses’ assets and dependants’ assets.
Statement 3 is correct: In 2020 the Supreme court ruled that parties must publish criminal records of its candidates in their website and to publish such details in at least two newspapers by political parties within 48 hours of their selection or at least two weeks before the first date for filing of nomination papers.
Statement 4 is correct: Section 8 of the Representation of the People Act (RPA), 1951, states that a candidate can be disqualified, if he/she was convicted of any offences which amounts to at least 2-year imprisonment, but it provided exemption stating that disqualification will not take effect for three months after his/her conviction. However, the Supreme court has struck down this exception in the Lily Thomas case and enabled immediate disqualification after conviction of offences which amounts to at least 2-year imprisonment.
| Important Tips The Seventeenth Constitutional Amendment Act (CAA), 1964 prohibited the acquisition of land under personal cultivation unless the market value of the land is paid as compensation and included 44 more acts in the Ninth Schedule of the constitution. |
