Home The Constitution Part XV Article 324

Art. 324 Part XV: Elections

Superintendence, Direction and Control of Elections to Be Vested in an Election Commission

Exact text — Constitution of India

(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.

(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...

In Plain English

What this Article actually means

This Article creates and empowers the Election Commission of India (ECI) — giving it complete superintendence, direction and control over preparing electoral rolls and conducting elections to Parliament, State Legislatures, and the offices of President and Vice-President. Crucially, the Chief Election Commissioner enjoys the same strong removal protection as a Supreme Court judge, specifically insulating that position from being removed at the government's convenience.

Why This Matters To You

How it shows up in everyday life

This is the constitutional foundation for the ECI's authority over every election you vote in, and it's why the Election Commission has historically been able to act independently even against the wishes of the ruling party of the day — a deliberately strong institutional safeguard for free and fair elections.

Landmark Cases

How courts have interpreted this Article

Mohinder Singh Gill v. Chief Election CommissionerAIR 1978 SC 851 — Held Article 324 gives the ECI wide residuary powers to ensure free and fair elections, including in situations the Representation of the People Acts don't specifically address. Verify this case

Anoop Baranwal v. Union of India(2023) SC — Held the Election Commissioners' appointment process needed a broader, less executive-dominated selection mechanism to protect institutional independence — Parliament has since legislated a specific selection process in response. Verify this case

Read alongside this one

Art. 326 — Universal Adult Suffrage Voting & Political Rights

Frequently Asked

Quick answers about Article 324

Can the government remove the Chief Election Commissioner at will?

No — the CEC has the same strong protection against removal as a Supreme Court judge, requiring a process similar to judicial impeachment, specifically to insulate the position from political pressure.

Who appoints the other Election Commissioners?

The President makes the appointment, but following the Anoop Baranwal ruling and subsequent legislation, this now involves a more structured selection process rather than being purely at the executive's discretion.

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The text above reproduces Article 324 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.