GK Question

polity hard mcq

The Election Commission's enforcement powers under Article 324 include all EXCEPT:

  1. Canceling polls in case of booth capturing, rigging
  2. Disqualifying candidates for electoral offences under R.P. Act
  3. Imposing criminal penalties directly without court process
  4. Ordering re-poll in specific polling stations

Answer: Imposing criminal penalties directly without court process

ECI enforcement powers: (a) Article 324 plenary powers: ECI has superintendence, direction, control of elections, enabling enforcement actions, (b) Enforcement powers include: (i) Canceling polls: Can cancel polls in case of booth capturing, rigging, violence, order re-poll, (ii) Disqualification: Can disqualify candidates for electoral offences under Representation of People Act (e.g., corrupt practices, non-disclosure), (iii) Re-poll orders: Can order re-poll in specific polling stations where irregularities occurred, (iv) MCC enforcement: Can censure, warn, ban campaigning for Model Code of Conduct violations, (c) NOT power: Imposing criminal penalties directly - ECI cannot impose criminal penalties (fines, imprisonment); such penalties require court process under R.P. Act, IPC, (d) Applications: (i) Electoral integrity: ECI enforcement powers deter malpractices, ensure free/fair elections, (ii) Legal process: For criminal penalties, ECI refers cases to courts; separation of investigative, judicial functions preserves rule of law, (iii) Accountability: ECI enforcement actions subject to judicial review, ensuring accountability, (e) Illustrates calibrated enforcement: ECI has significant administrative, regulatory powers to ensure electoral integrity; criminal penalties require judicial process, preserving separation of powers, rule of law.

Topic Election Commission - Enforcement Powers
Exam Relevance ECI enforcement powers critical for UPSC Mains and Judiciary exams