Election Commission of India under Article 324

The Election Commission of India is the constitutional authority responsible for administering elections to the Union and state legislatures and to 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.

Scope of the mandate

The Commission's central responsibility is to secure the orderly conduct of elections covered by the Constitution and election laws.

• Its jurisdiction covers elections to Parliament, state legislatures, and the offices of President and Vice-President.
• Its authority extends across electoral-roll preparation, election scheduling, nominations, polling, counting and declaration of results, subject to applicable law.
• Elections to panchayats and municipalities are supervised by separate 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 any 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 make necessary staff available when the Commission requests it.

Independence and limits

The Constitution protects decisional independence while requiring the Commission to operate within constitutional and statutory boundaries.

• The Chief Election Commissioner can be removed in the same manner and on the same grounds as a Supreme Court judge; service conditions cannot be varied to the incumbent's disadvantage after appointment.
• Other Election Commissioners and Regional Commissioners may be removed only on the Chief Election Commissioner's recommendation.
• Article 324 supplies broad authority where election law is silent, but the Commission cannot override a valid law and remains subject to judicial review.