Election Commission of India under Article 324

The Election Commission of India is an independent constitutional authority that administers elections to Parliament, state legislatures, and the offices of President and Vice-President. Article 324 vests in it the superintendence, direction and control of electoral-roll preparation and the conduct of these elections.

Constitutional powers and scope

Article 324 gives the Commission broad authority to conduct constitutionally covered elections, subject to election laws and judicial review.

• Its jurisdiction covers elections to Parliament, state legislatures, and the offices of President and Vice-President.
• Its authority covers electoral-roll preparation, election scheduling, nominations, polling, counting and the declaration of results, subject to applicable law.
• Where election law is silent, Article 324 permits necessary directions, but the Commission cannot override a valid law or act arbitrarily.
• Elections to panchayats and municipalities are supervised by State Election Commissions under Articles 243K and 243ZA.

Composition and administrative support

Under Article 324(2), the Commission consists of the Chief Election Commissioner and such number of other Election Commissioners as the President may determine, subject to parliamentary law.

• The President appoints the Chief Election Commissioner and other Election Commissioners, subject to legislation made by Parliament.
• The President may appoint Regional Commissioners, after consulting the Commission, when necessary.
• Under Article 324(6), the President or a Governor must provide necessary staff when requested by the Commission.

Independence and removal safeguards

Under Article 324(5), the Chief Election Commissioner can be removed only in the same manner and on the same grounds as a Supreme Court judge. The grounds are proved misbehaviour or incapacity.

• Each House of Parliament must adopt an address for removal in the same session, supported by a majority of its total membership and by at least two-thirds of members present and voting.
• After both Houses adopt the address with the required special majority, the President may order the removal.
• The Chief Election Commissioner's conditions of service cannot be varied to the incumbent's disadvantage after appointment.
• Other Election Commissioners and Regional Commissioners may be removed only on the recommendation of the Chief Election Commissioner.