About
- Article 324 is the core constitutional provision dealing with theElection Commission of India (ECI). It is located in Part XV of the Constitution, which deals with Elections (Articles 324–329).
Article 324(1) — Powers of the ECI
- The superintendence, direction and control of the following are vested in the Election Commission of India (ECI):
- Preparation & revision of Electoral Rolls
- Elections to Parliament
- Elections to State Legislatures
- Elections to President & Vice-President
Article 324(2) — Composition & Appointment
- Election Commission of India (ECI) comprises:
- Chief Election Commissioner (CEC)
- Other Election Commissioners (ECs) — number as determined by the President
- Appointment:
- The President appoints the CEC and ECs, subject to any law made by Parliament.
Article 324(3) — CEC as Chairman
- When other Election Commissioners are appointed, the Chief Election Commissioner acts as the Chairman of the Election Commission.
Article 324(4) — Regional Commissioners
- The President may appoint Regional Commissioners, after consultation with the ECI, to assist the Commission in performing its functions during:
- General elections to the Lok Sabha
- General elections to State Legislative Assemblies
- General elections to a State Legislative Council, where applicable.
Article 324(5) — Tenure, Service Conditions & Removal
Subject to Parliamentary law, the President determines the tenure and service conditions of Election Commissioners and Regional Commissioners.
CEC
- Removal: Same manner & grounds as a Supreme Court Judge.
- Service Protection: Conditions cannot be varied to his disadvantage after appointment.
Other ECs & Regional Commissioners
- Removal: Only on the recommendation of the CEC.
Article 324(6) — Election Staff
- The President or the Governor of a State shall, when requested by the ECI, make available such staff as may be necessary for the discharge of its functions.
Conclusion
- Article 324 provides the constitutional foundation for the Election Commission of India by defining its electoral mandate, composition, appointment, supporting machinery and safeguards for institutional independence, thereby ensuring the conduct of elections to Parliament, State Legislatures, President and Vice-President.
| This concept has been elaborately discussed in the following article – Removal of the Chief Election Commissioner |