Election Commission of India (ECI) and its Role in Ensuring Free and Fair Elections

Statement 1 is incorrect: The Election Commission of India (ECI) is not a five-member body. It is a three-member body, consisting of the Chief Election Commissioner (CEC) and two Election Commissioners (ECs). However, it originally started as a single-member body in 1950 and became a multi-member commission in 1993. Statement 2 is incorrect: The Union Ministry of Home Affairs (MHA) does not decide the election schedule. The Election Commission of India (ECI) is solely responsible for determining the schedule of general elections and bye-elections. It exercises this power under Article 324 of the Constitution, ensuring free and fair elections in the country. Statement 3 is correct: The Election Commission of India has the authority to resolve disputes related to splits and mergers of recognized political parties. It decides which faction of a party is the legitimate one and, if necessary, allocates party symbols accordingly, based on precedents and internal party strength. Hence, the correct answer is option (D) 3 only.

* Statement 1 is incorrect: The elected members of the Upper and Lower Houses of Parliament that is the Rajya Sabha and the Lok Sabha as well as the elected Members of the Legislative Assemblies of States and Union Territories (Delhi, Puducherry and J&K) comprise the electoral college for the Presidential Election in India.  * Statement 2 is incorrect: The value of the vote of each MLA depends on the ratio of the States population and the number of MLAs in its legislative Assembly. By dividing the States population by the number of MLAs in its legislative Assembly, and then further dividing the quotient achieved by 1000, one may calculate the value of each MLAs vote. Based on a calculation that takes into account each States population about the number of members in its legislative Assembly, each MLAs vote value varies from State to State. According to the Constitution (Eighty-fourth Amendment) Act of 2001, the population of the States is currently calculated using data from the 1971 Census.  * Statement 3 is incorrect: The vote value of each MLA of Madhya Pradesh is less than that of the vote value of each MLA of Kerala as the ratio of total population to total elective seats in Kerala is greater relative to that in Madhya Pradesh.  * Statement 4 is correct: The vote value of each MLA of Puducherry is higher than that of Arunachal Pradesh as the ratio of total population to total elective seats in Puducherry is greater relative to that in Arunachal Pradesh. In the 2022 Presidential election, the vote value of each MLA from Puducherry was 16 whereas the vote value of each MLA from Arunachal Pradesh came out to be 8.

The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas as well as of Scheduled Tribes residing in any State other than the States of Assam, Meghalaya, Tripura, and Mizoram. The governor can make regulations for the peace and good government of a scheduled area after consulting the tribes' advisory council. Such regulations may prohibit or restrict the transfer of land by tribal to non tribal members or among members of the scheduled tribes, and regulate the allotment of land to members of the scheduled tribes. Option B is incorrect. According to the provisions of Paragraph 4, under Article 244(1) of the Fifth Schedule of the Constitution of India, the Tribes Advisory Councils (TAC) shall be established in each State having Scheduled Areas therein and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas. The tribal advisory council is an advisory body, not a governing body. Option C is incorrect. Bringing any particular area under the Fifth Schedule of the Constitution of India does not convert the area into a Union Territory. Option D is incorrect. Bringing any particular area under the Fifth Schedule of the Constitution of India does not get declared as a Special Category State.

Statement 1 is Correct: A Zero FIR can indeed be lodged at any police station, regardless of the territorial jurisdiction, for cognizable offences. This is in line with Section 173(1) of the BNSS, 2023, which allows for the registration of a Zero FIR for cognizable offences irrespective of jurisdiction. Statement 2 is Incorrect: While Section 173(3) of the BNSS allows for a preliminary enquiry, it is not specifically tied to the lodging of a Zero FIR. The preliminary enquiry is applicable to cognizable offences punishable by 3 to 7 years of imprisonment and requires prior permission from a competent authority. However, the statement does not accurately reflect the conditions under which a preliminary enquiry can be initiated in relation to a Zero FIR. Statement 3 is Incorrect: It is not obligatory for the informant to furnish information electronically for a Zero FIR. Section 173(1) allows for information to be given either orally or by electronic communication, and electronic submission is not mandatory. Therefore, the correct option is C.

Statement 1 is correct: Under Article 96(1), the Speaker cannot preside over the House while a resolution for their removal is active, even if they are present. Statement 2 is incorrect: Under Article 96(2), the Speaker maintains the right to speak and participate in the proceedings of the House during the consideration of the removal resolution. Statement 3 is incorrect: According to Article 96(2), the Speaker is entitled to vote only in the first instance. They do not have a "casting vote" (the vote used to break a tie/second instance) in this specific scenario.