---
title: "Election Commission of India: Powers & Article 324"
description: "Learn the Election Commission of India: its Article 324 basis, composition, powers, landmark cases and reforms, mapped for UPSC Prelims and Mains GS-2."
url: "https://modeldiplomat.com/learn/lessons/upsc-governance-bodies-election-commission-of-india"
---

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Election Commission of India

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Lesson 18 min 20 XP

# Election Commission of India

The Election Commission of India: constitutional basis under Article 324, composition, powers, landmark cases and reforms—mapped for UPSC Prelims and Mains GS-2.

## The Constitutional Foundation

The Election Commission of India (ECI) is a permanent, independent constitutional body established under **Article 324** of the Constitution, which vests in it "the superintendence, direction and control" of the electoral roll preparation and conduct of all elections to **Parliament, the State Legislatures, and the offices of President and Vice-President**. The ECI does **not** conduct local body (panchayat/municipality) elections—those fall to the **State Election Commissions** created under **Articles 243K and 243ZA** by the 73rd and 74th Constitutional Amendments (1992). This distinction is a recurring Prelims trap.

Articles 324 to 329 form Part XV (Elections). Key companion provisions: **Article 325** (no person ineligible on grounds of religion, race, caste or sex; single general electoral roll); **Article 326** (adult suffrage—voting age lowered from 21 to 18 by the **61st Amendment, 1988**); **Article 327** (Parliament's power to legislate on elections); and **Article 329** (bar on courts interfering with electoral matters; election disputes only by election petition).

## Composition and Tenure

The ECI was a single-member body from its establishment on **25 January 1950** until 16 October 1989. It briefly became multi-member, reverted, and became permanently a **three-member body** (one Chief Election Commissioner and two Election Commissioners) by the **Chief Election Commissioner and Other Election Commissioners (Conditions of Service) Act, 1991**. All commissioners have **equal decision-making power**; disputes are resolved by majority—affirmed in **T.N. Seshan v. Union of India (1995)**, where the Supreme Court rejected the CEC's claim to superiority over the ECs.

The CEC and ECs hold office for **six years or until age 65, whichever is earlier**. The CEC can be removed only by the same process as a **Supreme Court judge** (impeachment under Articles 124(4)/324(5))—a strong tenure guarantee. Crucially, an **Election Commissioner is NOT similarly protected**: an EC can be removed on the CEC's recommendation. This asymmetry is high-yield.

The **appointment process** was historically by the President on the advice of the Council of Ministers. In **Anoop Baranwal v. Union of India (2 March 2023)**, the Supreme Court directed that appointments be made by a committee of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India until Parliament legislated. Parliament then passed the **Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023**, which replaced the CJI with a Union Cabinet Minister on the selection panel—a controversial reversal candidates must know.

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