Part XV: Elections

Article 324: Superintendence, Direction, and Control of Elections

Original Article:

(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 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.
• 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.

Explanations:

Article 324 serves as the constitutional foundation for India’s electoral system, empowering an independent Election Commission to regulate elections at national and state levels. It ensures democratic integrity and prevents political interference, safeguarding the electoral process in India.

Clause-by-Clause Explanation:

Clause (1): Powers of Superintendence and Control

The first clause grants the Election Commission authority to oversee the preparation of electoral rolls and conduct elections to the Parliament, State Legislatures, and the offices of the President and Vice-President. This ensures a central, impartial agency oversees the entire electoral process.

Clause (2): Structure of the Election Commission

This clause establishes the Election Commission's composition, led by the Chief Election Commissioner, with additional members appointed by the President as needed.

Clause (3): Chairmanship of the Commission

The Chief Election Commissioner acts as Chairman when more than one Election Commissioner is appointed, ensuring streamlined decision-making.

Clause (4): Appointment of Regional Commissioners

This clause empowers the President to appoint Regional Commissioners after consulting with the Election Commission. These appointments assist in managing large-scale elections and ensure effective execution of responsibilities.

Clause (5): Independence and Tenure of Commissioners

The conditions of service, tenure, and removal of Election Commissioners are defined to ensure independence. The Chief Election Commissioner enjoys protections similar to a Supreme Court judge to prevent undue influence.

Clause (6): Staffing and Support

The President or Governor is required to provide necessary staff to the Election Commission upon request, ensuring smooth operation of electoral functions.

Amendments:

The Constitution (Nineteenth Amendment) Act, 1966, removed the Commission’s authority to appoint election tribunals. The Constitution (Seventh Amendment) Act, 1956, omitted references to Rajpramukh, reflecting federal structure changes.

Amendment Explanation:

The Nineteenth Amendment refined the Election Commission's scope by removing the power to establish election tribunals. This change centralized election dispute resolution, emphasizing judicial processes over executive discretion. The Seventh Amendment aligned with the reorganization of states, modernizing terminology and administrative structure.

Historical Impact:

Article 324 has been instrumental in shaping India's democratic framework. It enabled the Election Commission to conduct landmark elections, such as the 1952 general elections, ensuring universal suffrage and orderly transitions of power. Its provisions, safeguarding the independence of the Chief Election Commissioner, have prevented undue influence and ensured credible electoral processes.