Article 324 of the Constitution, Key Provisions, Powers & Functions

Article 324 of the Constitution of India establishes the constitutional framework for the Election Commission of India (ECI). It gives the Commission the power of superintendence, direction and control over the preparation of electoral rolls and the conduct of elections to Parliament, State Legislatures, and the offices of the President and Vice-President.

What is Article 324?

Article 324 is part of Part XV of the Constitution, which deals with elections. It provides the constitutional basis for the Election Commission and defines its broad powers and responsibilities.

The Article gives the Election Commission authority over the electoral process, while also making its powers subject to laws made by Parliament and State Legislatures.

Article 324 of the Constitution Key Provisions

The key provisions of Article 324 of Indian Constitution have been discussed below.

• Article 324(1): Vests the superintendence, direction and control of the preparation of electoral rolls and the conduct of elections to Parliament, State Legislatures, and the offices of the President and Vice-President in the Election Commission.
• Article 324(2): Provides that the Election Commission shall consist of the Chief Election Commissioner (CEC) and such number of other Election Commissioners as the President may determine. The President appoints them, subject to laws made by Parliament.
• Article 324(3): Provides that the Chief Election Commissioner shall act as the Chairman of the Election Commission when other Election Commissioners are appointed.
• Article 324(4): Enables the President to appoint Regional Commissioners, after consulting the Election Commission, to assist it in performing its functions during specified general and biennial elections.
• Article 324(5): Provides for the tenure and conditions of service of Election Commissioners and Regional Commissioners. The CEC can be removed only in the same manner and on the same grounds as a Supreme Court Judge, while other Election Commissioners and Regional Commissioners can be removed only on the recommendation of the CEC.
• Article 324(6): Requires the President or Governor of a State to provide necessary staff to the Election Commission or Regional Commissioners when requested by the Commission.

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Powers and Functions of Election Commission of India

Election Commission of India (ECI) is the constitutional authority responsible for supervising and administering elections in India.

• Superintendence of Elections: Exercises overall superintendence, direction and control over the preparation of electoral rolls and the conduct of elections.
• Conduct of Elections: Conducts elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, and the offices of the President and Vice-President.
• Political Parties and Symbols: Registers political parties, grants recognition to eligible parties and allots election symbols under the applicable laws and rules.
• Model Code of Conduct: Enforces the Model Code of Conduct during elections and monitors compliance by political parties and candidates.
• Election Expenditure: Monitors election expenditure by candidates and takes action for violations of prescribed expenditure-related requirements.
• Advisory and Quasi-Judicial Functions: Advises the President and Governors on disqualification of Members of Parliament and State Legislatures and performs certain functions relating to electoral disputes and corrupt practices.
• Electoral Management: Supervises the entire electoral process, including nominations, polling, counting, appointment of observers and election personnel, and use of EVMs and VVPATs.

Tenure and Removal of Election Commissioners

The tenure and removal of Election Commissioners are governed by Article 324 and the Chief Election Commissioner and Other Election Commissioners Act, 2023, with the term prescribed as six years or until attaining 65 years of age, whichever is earlier.

• Tenure: The Chief Election Commissioner (CEC) and other Election Commissioners (ECs) hold office for six years or until 65 years of age, whichever is earlier.
• No Reappointment: The CEC and ECs are not eligible for reappointment to the same office after completing their term.
• Chief Election Commissioner: The CEC can be removed only in the same manner and on the same grounds as a Judge of the Supreme Court.
• Removal of Other Election Commissioners: An Election Commissioner other than the CEC can be removed only on the recommendation of the CEC.
• Regional Commissioners: A Regional Commissioner can also be removed only on the recommendation of the CEC.
• Protection of Service Conditions: The conditions of service of the CEC and ECs are protected against changes that are disadvantageous to them after appointment.