With reference to the conduct of elections in India, which of the following statements is or are NOT correct regarding electoral rolls, the Model Code of Conduct and delimitation of constituencies?

Difficulty: Medium

Correct Answer: 3 only

Explanation:


Introduction / Context:
The conduct of elections in India is governed by constitutional provisions, laws like the Representation of the People Acts, and the powers of the Election Commission of India (ECI). Exam questions often test your ability to evaluate multiple statements about electoral rolls, the Model Code of Conduct (MCC), delimitation of constituencies and election disputes. This question specifically asks you to identify which statements are NOT correct, so you must read each statement carefully and compare it against the legal and institutional framework of elections in India.


Given Data / Assumptions:
The statements given are:

  • 1. The responsibility for the preparation of the electoral rolls is vested in the Election Commission of India.
  • 2. The Model Code of Conduct comes into existence as soon as the date of the election is announced.
  • 3. The laws relating to delimitation of constituencies are made by the Election Commission of India.
  • 4. No election shall be called in question except by an election petition.
We must find which statement or statements are NOT correct and then match with the appropriate answer option.


Concept / Approach:
The Election Commission of India has the superintendence, direction and control of elections, which includes preparation and revision of electoral rolls, making Statements 1 and 2 likely correct. The Model Code of Conduct is indeed enforced from the date the election schedule is announced. However, laws relating to the delimitation of constituencies are not made by the Election Commission; they are enacted by Parliament, and delimitation is carried out by a Delimitation Commission appointed under such laws. Statement 3 is therefore incorrect. Statement 4 reflects the legal position that election disputes are adjudicated through election petitions filed in the appropriate High Court or Supreme Court. Accordingly, only Statement 3 is not correct.


Step-by-Step Solution:
Step 1: Evaluate Statement 1. Article 324 and related laws give the Election Commission responsibility for the superintendence, direction and control of elections, including preparation of electoral rolls. So Statement 1 is correct.Step 2: Evaluate Statement 2. The Model Code of Conduct is enforced by the Election Commission from the date of announcement of the election schedule. Therefore, Statement 2 is also correct.Step 3: Evaluate Statement 3. Laws relating to delimitation are made by Parliament, and actual delimitation is done by a Delimitation Commission constituted under those laws, not by the Election Commission itself. Hence Statement 3 is incorrect.Step 4: Evaluate Statement 4. Election law provides that the validity of elections may be challenged only through election petitions in designated courts; there is no other ordinary way of calling an election into question. Thus Statement 4 is correct.Step 5: Since only Statement 3 is not correct, the correct answer choice is the one that says "3 only."


Verification / Alternative check:
Polity and election law textbooks emphasise that the Election Commission supervises electoral rolls and enforces the Model Code of Conduct from the moment elections are announced. They also clearly explain that Parliament passes the Delimitation Acts, under which separate Delimitation Commissions are set up to redraw constituency boundaries. These books also note that election disputes are to be resolved via election petitions as prescribed in the Representation of the People Act. When you align these points with the statements, it is clear that only Statement 3 incorrectly attributes law making power on delimitation to the Election Commission.


Why Other Options Are Wrong:

  • Option "1, 2 and 4": This wrongly treats Statements 1, 2 and 4 as incorrect, but we have seen all three are actually correct.
  • Option "1, 2 and 3": This includes Statement 3, which is incorrect, but it also wrongly includes Statements 1 and 2.
  • Option "4 only": This assumes Statement 4 is incorrect, whereas it accurately reflects the legal rule about challenging elections.


Common Pitfalls:
Many students misread questions that ask for NOT correct statements and end up selecting statements that are actually true. Another common error is to overestimate the role of the Election Commission and assume it also makes delimitation laws, when in reality law making power lies with Parliament and the Commission's role is implementation. Carefully distinguishing between law making and supervisory roles, and paying attention to words like "only" or "not," will help you avoid such traps in similar questions.


Final Answer:
Among the statements given, only Statement 3 is not correct, so the correct option is 3 only.

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