Overview
Test Series
Article 324 of Indian Constitution establishes the Election Commission of India (ECI) under part XV and vests it with the authority to superintend , direct, and control the preparation of electoral rolls and conduct of all elections to Parliament, State Legislatures, and the offices of the President and Vice-President. It creates the institutional framework to ensure the administration and oversight of elections across the country .
This provision is critical to maintaining free and fair elections which are the foundation of India’s democratic system . By assigning election-related responsibilities to an independent constitutional body, Article 324 safeguards the electoral process from political influence and upholds the democratic values enshrined in the Constitution .
Whether it’s updating electoral rolls managing polling logistics or enforcing the Model Code of Conduct, the Election Commission exercises its powers under Art 324 to protect the integrity of elections . As India continues to evolve as the world’s largest democracy, this article plays an increasingly vital role in ensuring that elections remain transparent, impartial and trustworthy. Explore in-depth analysis of other Constitutional Articles.
Overview |
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Name of the Article |
Article 324 of Indian Constitution- Superintendence, direction and control of elections to be vested in an Election Commission |
Part of the Constitutional Article |
Part XV |
Superintendence, direction and control of elections to be vested in an Election Commission
(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 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 or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission by clause (1).
Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders"
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Article 324 of Indian Constitution creates a constitutional authority known as the Election Commission of India (ECI). This body ensures the fair and independent conduct of elections across the country.
Under article 324 1 of Indian Constitution, the Election Commission is entrusted with the superintendence, direction, and control of preparing electoral rolls and conducting elections for Parliament, State Legislatures, and the offices of the President and Vice-President.
According to article 324 2 of Indian Constitution, the Commission consists of the Chief Election Commissioner (CEC) and any number of Election Commissioners, as determined by the President. These appointments are made by the President, and when more than one Election Commissioner is appointed, the CEC serves as the Chairman, as per article 324 3 of Indian Constitution.
Additionally, under article 324 4 of Indian Constitution, the President may appoint Regional Commissioners to assist the Commission during general or biennial elections, based on the Commission’s recommendation.
The CEC enjoys high protection—similar to that of a Supreme Court judge—and cannot be removed except through a special impeachment-like process. Other Commissioners and Regional Commissioners can only be removed based on the CEC's recommendation, ensuring the Commission’s independence and integrity.
Some of the landmark cases relating to Article 324 of Constitution of India are explained below, they are -
Article 324 of Indian Constitution deals with upholding the democratic ethos of India by ensuring the conduct of free and fair elections. By vesting the superintendence, direction and control of elections in an autonomous body like the Election Commission it seeks to insulate the electoral process from executive interference . The autonomy is crucial for maintaining public confidence in the electoral system and by extension in the democratic governance of the country
Over the years, Article 324 of Indian Constitution is related to interpreting many ways to make the Election Commission more effective. One key change came through the 19th Amendment in 1966 . It removed Election Tribunals and gave the power to hear election petitions to High Courts. This helped speed up and simplify election related disputes.
The courts have also clearly defined the powers of the Election Commission. These rulings have made the Commission a strong, independent body that protects free and fair elections. Even when the law does not cover something, Art 324 lets the Commission act to keep elections fair. One of its most important tools is the Model Code of Conduct. It is not a law, but it is widely followed to ensure fair play during elections.
Recently, people have raised concerns about how Election Commissioners are appointed. Right now, the process is controlled by the central government. In the Anoop Baranwal v. Union of India case, the Supreme Court suggested a new way. It said appointments should be made by a panel that includes the Prime Minister, the Leader of Opposition, and the Chief Justice of India. This idea is not law yet, but it has started important talks about keeping the Election Commission free from political pressure.
Article 324 Indian Constitution ensures that elections in India are fair, free and honest. It gives full control of the election process to the Election Commission, an independent body. This power includes the right to supervise, direct, and manage elections across the country.
By doing so, Article 324 protects the very heart of democracy. Even when the law is silent on certain matters the Election Commission can step in and act. Courts have supported this wide power, making sure the Commission stays strong and impartial.
As India grows as the world’s largest democracy, Art 324 of Indian Constitution becomes even more important. It stands for clean elections, honest leadership, and a system where voters can trust the process. In every way, it keeps the spirit of democracy alive and strong.
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