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Constitution of India · Part XV: Elections

Article 324: Superintendence, direction and control of elections to be vested in an Election Commission

In plain words

The superintendence, direction and control of electoral rolls and of all elections to Parliament, State Legislatures and the offices of President and Vice-President are vested in the Election Commission. It consists of the Chief Election Commissioner and any other Election Commissioners the President fixes, all appointed by the President subject to any law of Parliament.

  • When other Election Commissioners are appointed, the Chief Election Commissioner acts as Chairman.
  • The President can appoint Regional Commissioners, after consulting the Commission, to assist before general elections and Legislative Council elections.
  • The Chief Election Commissioner can be removed only like a Supreme Court Judge, and their service conditions cannot be changed to their disadvantage after appointment.
  • Other Election Commissioners and Regional Commissioners can be removed only on the Chief Election Commissioner's recommendation.
  • The President or Governor must provide the staff the Commission requests.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Read the in-depth explanation, with key Supreme Court rulings ↓

Official text

(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).

Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Understanding this article

Article 324 vests the superintendence, direction and control of electoral rolls and of all elections to Parliament, State Legislatures, and the offices of President and Vice-President in the Election Commission. It also deals with the Commission's composition, the appointment and removal of the Chief Election Commissioner (CEC) and Election Commissioners, and Regional Commissioners.

A plenary power, bounded by law

The Commission's power is plenary, and where Parliament or State laws are silent, Article 324 is a reservoir of power for the Commission to act for free and fair elections. But where valid election laws exist, such as the Representation of the People Act, the Commission must act in conformity with them. It cannot override a law. It can fill gaps.

Independence

  • The CEC can be removed only like a Supreme Court Judge, and his conditions of service cannot be varied to his disadvantage after appointment (clause 5).
  • Other Election Commissioners can be removed only on the CEC's recommendation.
  • In a multi-member Commission, the CEC and other Commissioners have equal say, and decisions are taken by majority (T.N. Seshan, 1995).

Appointments

In Anoop Baranwal (2023) a Constitution Bench held that until Parliament made a law, appointments were to be made on the advice of a committee of the Prime Minister, the Leader of the Opposition (or leader of the largest opposition party) and the Chief Justice of India. Parliament then passed the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which replaces the Chief Justice with a Union Cabinet Minister nominated by the Prime Minister. Challenges to that Act were pending, and in 2024 the Court refused to stay appointments made under it.

Uses of the reservoir power

  • Model Code of Conduct.
  • Directions requiring candidates to disclose criminal antecedents, assets and education, after the Supreme Court found voters have a right to know.
  • Scheduling elections, including deciding when to hold elections after an Assembly is dissolved.

Key Supreme Court rulings

  • Mohinder Singh Gill v. Chief Election Commissioner AIR 1978 SC 851

    A Constitution Bench held that Article 324 is a plenary provision vesting the whole responsibility for elections in the Commission; where the enacted laws are silent, the Commission can act to ensure a free and fair poll, though it must act fairly.

  • Union of India v. Association for Democratic Reforms 2002 INSC 253

    Even without amendment of election law, the Commission could direct candidates to disclose their antecedents, because Article 324 is a reservoir of power and plenary in character; the only limitation is a valid law made by the legislature on the subject.

  • T.N. Seshan v. Union of India 1995 INSC 398

    Parliament validly made the Commission multi-member under Article 324(2); the CEC and Election Commissioners share power, with decisions by majority.

  • Anoop Baranwal v. Union of India 2023 INSC 190

    Until Parliament legislates, the CEC and Election Commissioners are to be appointed by the President on the advice of a committee of the Prime Minister, the Leader of the Opposition in the Lok Sabha (or leader of the largest opposition party) and the Chief Justice of India.

  • Special Reference No. 1 of 2002 2002 INSC 445

    Article 174(1), on the six-month gap between sessions, applies to a functioning Assembly, not a dissolved one; scheduling elections after dissolution is in the exclusive domain of the Election Commission under Article 324.

Common mistakes

  • Thinking the Commission can override the Representation of the People Act; it fills gaps only.
  • Treating the Anoop Baranwal committee as the current law; Parliament's 2023 Act replaced it.
  • Forgetting that the CEC has higher removal protection than the other Commissioners.

Read with: Article 325 Constitution, Article 329 Constitution, Article 243K Constitution

Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.

Supreme Court judgments citing the article 324