Article 324

Article 324 of the Constitution of India forms the foundation of India’s electoral democracy, establishing the Election Commission of India (ECI) as an independent constitutional authority responsible for the superintendence, direction, and control of the entire electoral process. It ensures the conduct of free and fair elections to the Parliament, State Legislatures, and the offices of the President and Vice-President of India.
This Article is one of the most significant provisions in the Constitution as it guarantees that the democratic process functions without interference from the executive, ensuring the sovereignty of the people through periodic, impartial, and transparent elections.

Constitutional Objective

The framers of the Constitution envisioned elections as the lifeblood of India’s democratic polity. To safeguard the fairness of the electoral process, they established the Election Commission as an autonomous body, independent of executive control. Article 324 provides it with plenary powers to manage all aspects of elections, filling gaps in legislation when necessary, to ensure that elections are conducted in a free, fair, and credible manner.

Text of Article 324

Article 324 reads as follows:

1. The superintendence, direction, and control of the preparation of 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 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 holding of 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 of a State, shall, when so requested by the Election Commission, make available to the Election Commission such staff as may be necessary for the discharge of the functions conferred on the Election Commission by clause (1).

Composition of the Election Commission

• The Election Commission of India (ECI) consists of the Chief Election Commissioner (CEC) and such number of Election Commissioners (ECs) as the President may determine.
• When the Commission consists of multiple members, the Chief Election Commissioner acts as its Chairman.
• The system of a multi-member commission was introduced in 1989, and since then, the ECI typically functions as a three-member body.

Appointment, Tenure, and Removal

• Appointment:
  • The President of India appoints the Chief Election Commissioner and other Election Commissioners.
  • Until 2023, appointments were made solely by the President based on executive discretion.
  • In Anoop Baranwal v. Union of India (2023), the Supreme Court ruled that until Parliament enacts a law, appointments shall be made by a committee comprising the Prime Minister, Leader of Opposition in the Lok Sabha, and the Chief Justice of India.
• Tenure and Conditions of Service:
  • Determined by the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
  • The usual tenure is six years or until the age of 65 years, whichever is earlier.
• Removal:
  • The Chief Election Commissioner can be removed from office only in the same manner as a Judge of the Supreme Court, that is, by a special majority in Parliament on grounds of proved misbehaviour or incapacity.
  • Other Election Commissioners can be removed only on the recommendation of the Chief Election Commissioner, providing additional security of tenure.

These safeguards are designed to protect the Commission’s independence from political or executive interference.

Powers and Functions of the Election Commission

1. Superintendence, Direction, and Control of Elections

The ECI exercises complete control over the entire electoral process, including:

• Preparation, revision, and maintenance of electoral rolls;
• Conduct of general and bye-elections;
• Scheduling of elections and declaring results;
• Ordering re-polls or countermanding elections in cases of irregularities; and
• Supervising election machinery and polling personnel.

2. Regulation of Political Parties and Election Symbols

• Recognition of political parties as national or state parties under the Election Symbols (Reservation and Allotment) Order, 1968;
• Allotment of election symbols;
• Monitoring party compliance with the Model Code of Conduct (MCC).

3. Ensuring Free and Fair Elections

• Deployment of security and administrative personnel during elections;
• Use of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trails (VVPATs);
• Checking the misuse of government machinery and curbing electoral malpractices.

4. Advisory Role

• Advises the President or Governor on disqualification of members under Articles 103 and 192 of the Constitution.
• Provides recommendations on delimitation and revision of electoral rolls.

5. Administrative and Quasi-Judicial Functions

• Supervises expenditure by political parties and candidates;
• Inquires into complaints regarding election irregularities;
• Has the power to disqualify candidates for violations under election laws.

Statutory Framework Governing Elections

The powers conferred by Article 324 are supplemented by a series of statutory enactments:

• Representation of the People Act, 1950: Deals with the preparation of electoral rolls and allocation of seats.
• Representation of the People Act, 1951: Governs the conduct of elections, qualifications and disqualifications of candidates, and election offences.
• Delimitation Act, 2002: Concerns the redrawing of constituency boundaries.
• Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991: Regulates service conditions and functioning of the Commission.

Judicial Interpretations and Landmark Judgments

1. Mohinder Singh Gill v. Chief Election Commissioner (1978):
   • The Supreme Court recognised the plenary powers of the ECI under Article 324.
   • Held that the ECI can act in areas not expressly covered by legislation to ensure free and fair elections, provided such actions do not violate existing laws.
2. A.C. Jose v. Sivan Pillai (1984):
   • The ECI’s powers are subject to laws made by Parliament; it can supplement but not supersede statutory provisions.
3. T.N. Seshan v. Union of India (1995):
   • Affirmed that the CEC and other Election Commissioners enjoy equal powers, with the CEC being “first among equals.”
   • Upheld the constitutionality of the multi-member Commission.
4. S.S. Dhanoa v. Union of India (1991):
   • Clarified that Election Commissioners are not subordinate to the Chief Election Commissioner.
5. Union of India v. Association for Democratic Reforms (2002):
   • The Court upheld the ECI’s power to order candidate disclosures regarding criminal records, assets, and liabilities to promote transparency.
6. People’s Union for Civil Liberties (PUCL) v. Union of India (2003):
   • Recognised the ECI’s authority to introduce the ‘None of the Above’ (NOTA) option in EVMs, strengthening voter choice.
7. Anoop Baranwal v. Union of India (2023):
   • The Supreme Court directed that appointments to the ECI must be made by a selection committee comprising the Prime Minister, Leader of the Opposition, and Chief Justice of India, pending parliamentary legislation, to ensure impartiality.

Independence and Autonomy of the Election Commission

Article 324 provides several safeguards to maintain the Commission’s independence:

• Security of tenure for the Chief Election Commissioner;
• Protection of service conditions, which cannot be altered to their disadvantage after appointment;
• Removal procedure akin to that of a Supreme Court Judge;
• Financial independence, as expenses of the Commission are charged to the Consolidated Fund of India;
• Autonomy in functioning, with freedom from executive interference in election matters.

These provisions collectively establish the Election Commission as a constitutionally independent body, ensuring the integrity of India’s democratic process.

Significance of Article 324

1. Guardian of Democracy:
   • Ensures that elections—the foundation of representative government—are conducted fairly and impartially.
2. Autonomous Authority:
   • Acts independently of the executive branch, protecting the democratic framework from political manipulation.
3. Ensures Rule of Law in Elections:
   • Upholds free and fair elections as part of the basic structure of the Constitution.
4. Public Trust:
   • Serves as a neutral institution trusted by citizens to uphold the sanctity of the electoral process.
5. Comprehensive Authority:
   • The ECI’s plenary powers extend to every aspect of the election process, enabling it to address unforeseen contingencies.

Contemporary Relevance and Challenges

While the ECI remains a cornerstone of India’s democracy, certain issues persist:

• Appointment process—concerns over executive dominance, recently addressed by the Supreme Court.
• Enforcement limitations—the ECI’s inability to act decisively against political misconduct.
• Resource constraints and technological challenges in managing large-scale elections.
• Growing demand for reforms in campaign finance and transparency.

Despite these challenges, the Election Commission continues to command public respect as one of India’s most credible and vital constitutional institutions.