Political representation is the activity of making citizens "present"

in public policy-making processes when political actors act in the best

interest of citizens. This definition of political representation is
consistent with a wide variety of views on what representing implies
and what the duties of representatives are. For example, representing
may imply acting on the expressed wishes of citizens, but it may
alternatively imply acting according to what the representatives
themselves judge is in the best interests of citizens.
the representatives may be viewed as individuals who have been
authorized to act on the behalf of others, or may alternatively be
viewed as those who will be held to account by those they are
representing. Political representation can happen along different units
such as social groups and area, and there are different types of
representation such as substantive representation and descriptive
representation

• The holding of free and fair elections is the sine-qua-none

of democracy. To ensure the conduct of elections in free, fair and in
an impartial manner, the constitution-makers incorporated Part XV
(Articles.324-329) in the constitution and empowered Parliament to
make laws to regulate the electoral process.
• The Election Commission of India (ECI) is the watchdog
of free and fair elections in the country and Article 324 of the
Constitution provides for its establishment.
In this context, the Parliament has enacted the Representation of the
People Act (RPA), 1950 and Representation of the People Act,1951.

➢ 324. 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 than 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)
The Election Commission is an autonomous body established by the
Constitution to ensure free, fair and impartial elections. According
 to Article 324(1) of the Indian Constitution, the power of the
Election Commission is of superintendence, direction, and control of
the elections to the Lok Sabha, Rajya Sabha, State Legislative
assemblies and councils, and the offices of the President and Vice
President. It is not concerned with elections of panchayats and
municipalities in states as the administration of those elections is
done by the State Election Commission in each state.

The following are the provisions made by Article 324 regarding the
composition of the Election Commission:

• As per Article 324(2), the Election Commission shall consist of the

Chief Election Commissioner and any number of other Election
Commissioners, if any.
• Article 324(2) also provides for the appointment of the Chief Election

Commissioner and the other Election Commissioners to be done by

the President of India.
• As per Article 324(3), in cases where another Election Commissioner is

appointed, the Chief Election Commissioner becomes the chairman of

the commission.
• As per Article 324(4), the President of India may also appoint regional

commissioners as he deems necessary to assist the election

commission; this can be done after consulting with the election
commission.
• Article 324(5) states that the tenure and the conditions of the work to

be done by the election commissioners and the regional

commissioners will be determined by the President of India. It also
provided that the chief election commissioner and the two other
election commissioners have equal powers and they also receive equal
salary and allowances, these are similar to those of a Judge of the
Supreme Court.

Staff of the Election Commission [Article 324 (6)]

• The Election Commission generally has few staff of its own. It,
however, can demand necessary staff from the Central and State
Governments whenever required. For that purpose, Clause (6) of
 Article 324 provides that 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).

• Clause ( 6) of Article 324, permits the requisition of services of

employees working under the President or the Governor of a State and
not those of Bank employees or that of Life Insurance Corporation, or
teachers during teaching days.
• Once it is provided that the employees of a State, for a period when the
election process is on, are subject to the control, superintendence and
discipline of the Election Commission, the inevitable corollaries of
such power is that the Commission can direct the posting of such
employees for the purpose of ensuring a free and fair holding of
elections.
• The Commission shall have power to recommend disciplinary action,
to the competent authority, against the officers for insubordination or
dereliction of duty while on election duty.

Functions of the Election Commission

The Election Commission performs the following
functions:
1. The superintendence, direction and control of the preparation of
electoral rolls for all elections to Parliament and to the Legislature of
every State and of elections to the offices of President and Vice-
President.

2. The conduct of all the elections mentioned.

3. To advise the President or the Governor of a State, as the case may

be, on the question of disqualification of any Member of Parliament
or a member of a State Legislature, respectively.

4. Article 324 has been held to be plenary in character, vesting the whole
responsibility in the Election Commission for national and State
 elections. The power conferred on the Commission under Article 324
(1) is subjected to two limitations, namely:
5. When Parliament or any State Legislature has made a valid law
relating to or in connection with elections, the Commission shall act
in conformity with such law.
6. The Commission while exercising power shall conform to the rule of
law, act bone fide and be amenable to the norms of natural justice.

Independence of Election Commission

The Constitution envisages the setting up of an independent,
autonomous Election Commission.
To secure independence of action, Article 324 contains the following
provisions:
1. That the CEC shall not be removed from his office except in the like
manner and on the like grounds as a Judge of the Supreme Court.
2. That the conditions of service of the CEC shall not be varied to his
disadvantage after his appointment.

3. The CEO is, therefore, protected against political and executive

influence and for that reason, he can discharge his functions without
fear, favour or pressure from the executive or the party in power.
Even the tenure of office of other Election Commissioners and the
Regional Commissioners is also free of the executive control in so far,
none of them can be removed from office except on the
recommendation of the CEC.

4. This check on the executive's power is to safeguard the independence

of not only these functionaries but the Election Commission as a
body.

Staff of the Election Commission [Article 324 (6)]

1. The Election Commission generally has few staff of its own. It,
however, can demand necessary staff from the Central and State
Governments whenever required. For that purpose, Clause (6) of
Article 324 provides that 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).

2. Clause ( 6) of Article 324, permits the requisition of services of

employees working under the President or the Governor of a State and
not those of Bank employees or that of Life Insurance Corporation, or
teachers during teaching days.
3. Once it is provided that the employees of a State, for a period when
the election process is on, are subject to the control, superintendence
and discipline of the Election Commission, the inevitable corollaries
of such power is that the Commission can direct the posting of such
employees for the purpose of ensuring a free and fair holding of
elections.