Q. Consider the following statements regarding by-elections:
- The Constitution of India mentions provisions for by-elections under Article 325.
- A by-election must be conducted within six months of a vacancy occurring, provided the remaining term of the seat is at least one year.
- A by-election may be skipped if the Election Commission of India and the central government determine that conducting it is challenging.
Which of the statements above is/are correct?
Answer:
Only two
Notes:
- The Constitution of India mentions provisions for by-elections under Article 325. Incorrect – The provisions for by-elections are not mentioned under Article 325 of the Indian Constitution. Instead, by-elections are governed by Section 151A of the Representation of the People Act, 1951, which mandates that a by-election must be held within six months of a seat falling vacant. Article 325 deals with the maintenance of a single electoral roll for every constituency and non-discrimination in electoral matters.
- A by-election must be conducted within six months of a vacancy occurring, provided the remaining term of the seat is at least one year. Correct – According to Section 151A of the Representation of the People Act, 1951, a by-election must be held within six months of a vacancy, provided that the remaining term of the seat is at least one year. If the remainder of the term is less than a year, a by-election is not mandatory.
- A by-election may be skipped if the Election Commission of India and the central government determine that conducting it is challenging. Correct: A by-poll may be waived if the Election Commission, in consultation with the Central Government, certifies that conducting it within the stipulated period is challenging.