Introduction

Free and fair elections is a characteristic of every democratic country. It is necessary for
every democratic country to preserve the sanctity of this institution. An Election
Commission was established in the year 1950 to ensure the fairness of the elections
throughout India. It is responsible for administering elections to the Lok Sabha, Rajya
Sabha, State Legislative assemblies and councils, and the offices of the President and Vice
President. The power of this body has been vested by Article 324 of the Indian Constitution.
Other than the Constitution, the Election Commission is also governed by the
Representation of the People Act, 1950.

Meaning of Election Commission

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 Commision are 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.

Composition of the Election Commission

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.

Election Commission as a multi-member body

The Election Commission was not a multi-member body until 1989. It used to be a one-
member body consisting of only the Chief Election Commissioner. In 1989, a notification
was issued by the President under Article 324(2), which changed the composition of the
Election Commission. It became a multi-member body consisting of a Chief Election
Commissioner and two other Election Commissioners. Subsequently, the President
rescinded the earlier notification in 1990 and reverted the Election Commission to be a
one-member body again.

The constitutional validity of the revocation of the earlier notification was challenged in the
case of S.S. Dhanoa v. Union of India (1991). The Supreme Court observed that it is
necessary to prevent the concentration of power of the commission in a single individual’s
hands. As the Election Commission has a vital role in preserving the sanctity of elections, it
is highly crucial to ensure that it is impartial and does not abuse its power. Yet, the Court
held that both the notifications were constitutionally valid. The Article gives the President
unfettered power to create as well as abolish the posts. It was only obligatory to appoint
the Chief Election Commissioner. Appointing other Election Commissioners or Regional
Election Commissioners was a discretionary power according to Article 324(2) and (4).
Thus, the President had the power to abolish both the posts of the Election
Commissioners.

Subsequently, the Parliament enacted the Chief Election Commissioner and other Election
Commissioners (Conditions of Service) Act, 1991. According to this Act, the Chief Election
Commissioner and the other Election Commissioners shall hold their office for a term of 6
years.

In the case of T.N. Seshan v. Union of India (1995), the Supreme Court decided that the
provision of majority opinion’s superiority was not in contravention with the provisions in
Article 324.

The election Commission at present remains as a multi-member body. If the commission is

unable to reach a unanimous decision, the Chief Election Commissioner has to express his
opinion on the concerned matter.
Functions of the Election Commission

The following are the functions of the Election Commission as per Article 324(1):

1. The superintendence, direction, and control of the preparation of the electoral rolls
for the elections.
2. Conducting elections to the Parliament as well as the legislatures of all the states.
3. Conducting elections to the offices of the President as well as the Vice-President.

Article 324(6) states that when the Election Commission requires staff for the purpose of
the discharge of functions as mentioned in clause (1), the President or the Governor shall
make arrangements on its request.

Independence of the Election Commission

The following are the provisions in the Indian Constitution that enables the Election
Commission to be an independent body:

As per Article 324(5), the Chief Election Commissioner has a fixed tenure and he cannot be
removed from his position except in the manner in which a Supreme Court’s Judge is
removed from his office. He can be removed by the President on the basis of a resolution
passed by both the Houses of the Parliament with a special majority, which is 2/3 rd of the
members present and voting. This should be done on the grounds of misbehaviour or
incapacity to work.

Article 324(5) also states that the conditions of the Chief Election Commissioner’s service
cannot be changed to his disadvantage after his appointment.

Lastly, Article 324(5) provides that no other Election Commissioner or Regional

Commissioner can be removed from his office unless it is done on the recommendation of
the Chief Election Commissioner.

Related constitutional provisions

Apart from Article 324, the Indian Constitution contains the following provisions which are
related to the elections in Part XV:
Article 325 of the constitution is concerned with the general electoral roll of a constituency.
According to this Article, no person can be excluded from it on the basis of sex, caste,
religion, or race.

As per Article 326, elections in India follow the principle of universal adult suffrage.

Article 327 provides that the parliament has the authority to enact laws that concern the
elections.

Article 328 provides that the legislature of a state may also enact laws that concern
elections to the state legislature.

Article 329 provides for the restriction of courts from questioning the laws made by the
parliament or legislature of a state under Article 327 and Article 328, which is regarding
delimitation of constituencies or allotment of seats in these constituencies.

Conclusion

The Election Commission has controlled and maintained the sanctity of the elections
across the country for over half a century. It has played a crucial role in ensuring that the
democratic nature of the country remains untainted. To this day, it has protected several
elections from the influence of fraudulent activities of political parties and figures so that
the citizens’ right to free and fair elections are not taken away. It is apparent that Article 324
has played a fundamental role in aiding the Election Commission in performing its duties
free from external influences.