Article 324 of Indian Constitution: Superintendence, direction and control of elections to be vested in an Election Commission

Original Text of Article 324 of Indian Constitution:

(1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution 1*** shall be vested in a Commission (referred to in this Constitution as the Election Commission).

(2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.

(3) When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as the Chairman of the Election Commission.

(4) Before each general election to the House of the People and to the Legislative Assembly of each State, and before the first general election and thereafter before each biennial election to the Legislative Council of each State having such Council, the President may also appoint after consultation with the Election Commission such Regional Commissioners as he may consider necessary to assist the Election Commission in the performance of the functions conferred on the Commission by clause (1).

(5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be such as the President may by rule determine: Provided that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment:

Provided further that any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.

(6) The President, or the Governor 1*** of a State, shall, when so requested by the Election Commission, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission by clause (1).

Article 324 of Indian Constitution Explanation:

Election commission is a constitutional body constituted under Article 324 of Indian Constitution. The Election Commission, being a permanent and autonomous body, is endowed with the responsibility of conducting elections for the Lok Sabha, the State Legislature, and the offices of the President of India and the Vice-President of India fairly and transparently.

Part XV (Articles 324 to 329) of the Indian Constitution deals with elections in India. Article 324 states that the Election Commission shall be vested with the power of superintendence, direction and control of elections.

Constitution of Election Commission

Article 324 of Indian Constitution states that:

1. The Election Commission will be composed of the Chief Election Commissioner and such other number of Election Commissioners as the President may fix.
2. The President of India appoints the chief election commissioner and other election commissioners.
3. The Chief Election Commissioner acts as the Chairman of the Election Commission if any other Election Commissioner is appointed.
4. The President is also entitled to appoint Regional Commissioners to assist in the performance of election functions after consultation with the Election Commission.
5. The President shall determine the conditions of service and tenure of office of the regional commissioners and the election commissioners.

Emoluments and Tenure of Election Commission

• The Chief Election Commissioner and Election Commissioners receive equal salaries, allowances, and other benefits similar to that of a Supreme Court judge.
• They hold office for six years term or until they turn 65, whichever comes first.
• They can resign at any time or can be removed from office before the expiry of the term.

Powers and Functions of Election Commission

The Election Commission has the following powers and functions:

Administrative 

1. Determination of the territorial areas of electoral constituencies on the basis of the Delimitation Commission Act.
2. Recognising political parties and allotting election symbols to them. Preparing and periodically revising electoral rolls and registration of all eligible voters.
3. Supervision of elections to ensure free and fair elections. Poll cancellation in case of rigging, booth capturing, violence and other irregularities.
4. Notification of dates and schedules of elections and scrutinising nomination papers.
5. Determination of the code of conduct for political parties and the candidates during elections.
6. Roster preparation for political parties to publicise their policies on radio and TV during elections.
7. Request the President or the Governor for requisitioning of staff necessary to conduct elections. 

Quasi-judicial and Advisory function

1. Appointment of officers to inquire about disputes relating to electoral arrangements.
2. Disputes regarding the recognition of Political Parties: It decides issues regarding the recognition of political parties and the assignment of election symbols.
3. Splits/ mergers of recognised political parties: Quasi-judicial power is entrusted to the Commission to resolve issues arising from splits/ mergers of recognised political parties.
4. Binding advice on disqualification of members: It advises the President and Governors of the states on matters relating to disqualifications of members of Parliament and members of the State Legislature
5. Disqualification if found guilty of corrupt practices: The Supreme Court and High Courts refer to the Commission for its opinion in cases of persons found guilty of corrupt practices at election on whether such person shall be disqualified.
6. Disqualification on Failure to lodge election expenses: The candidate must disclose their election expenses within the prescribed time. Failure to lodge election expenses can lead to disqualification by the Commission.
7. Advice for states under President’s Rule: Advising the President if elections can be held in a state under President’s rule to prolong the period of emergency after one year.

Independence of Election Commission

In order to ensure the independence and impartiality of the Election Commission, the Constitution has made the following provisions:

1. Removal of CEC:

• • The chief election commissioner has secured tenure as he can only be removed from his office in the same manner and on the same grounds as a Supreme Court judge.

2. Removal of Other ECs:
   • A regional commissioner or any other election commissioner can be removed from office by the President only on the recommendation of the CEC.
   • Thus, the integrity of the Election Commission depends on the integrity of the Chief Election Commissioner.
3. Condition of Service & Tenure: determined by the President
   • Once appointed, the service conditions of the CEC cannot be varied to his disadvantage.
   • Currently, the term is 6 years or until 65 years of age, whichever is earlier.

Case law regarding the Appointment of the ECI

Anoop Baranwal vs. Union of India – Landmark Judgment by Supreme Court

• In this judgment, the Supreme Court devised a three-member committee for the selection of the Chief Election Commissioner and Election Commissioners.
• The committee consisted of:
  • Prime Minister
  • Leader of Opposition in the Lok Sabha or the Leader of the single largest party in the Lok Sabha
  • Chief Justice of India.
• The judgment was pronounced with the objective of maintaining the independence of the Election Commission.

Amendment	Description
19th Amendment Act, 1966	The act omitted the provisions relating to the power of the appointment of election tribunals for the decision of doubts and disputes arising out of or in connection with elections to parliament and to the legislature of states [Article 324(1)].
7th amendment act, 1956	The act removed the word “or Rajpramukh” from the constitution of India [Article 324(6)].

For further reference:

Read the constitution of India.

Read the Election Commission.

Other Related Links:

Indian Constitution: All Articles and schedules	Article 1 of Indian Constitution
Article 2 of Indian Constitution	Article 3 of Indian Constitution
Article 4 of indian Constitution	Article 5 of Indian Constitution
Fundamental Rights	DPSP
Fundamental Duties	Amendments of the Indian Constitution
Article 323B of Indian Constitution	Article 325 of Indian Constitution