Polity
Constitutional and Statutory Bodies
Election Commission of India
Articles 324–329, the CEC and ECs Act 2023, removal, powers and functions of the Election Commission of India, with Chhattisgarh's electoral machinery.
Prerequisites
- Parliament — the Lok Sabha, Rajya Sabha and the laws (RPA 1950 and 1951) that the Commission administers.
- Union Executive — the President, who appoints the Commission and whose election it conducts.
- State Election Commission and State Finance Commission — the separate body that runs Chhattisgarh’s panchayat and municipal polls.
The Hook: Two Elections in a Tribal Village
Connect
In November 2023 a voter in a village of Sukma district walked to a polling station guarded by security forces, pressed a button on an EVM and checked the VVPAT slip. In February 2025 the same voter voted again for the Sarpanch, this time on a ballot paper.
The two elections were run by two different commissions. The Vidhan Sabha poll was run by the Election Commission of India (भारत निर्वाचन आयोग). The panchayat poll was run by the State Election Commission. Who is the first commission, how is it appointed, and how independent is it? This page answers those questions.
Why it matters: Prelims asks article numbers (324–329), the removal rule for the CEC and the other ECs, and which elections the ECI does not conduct. Mains GS-I asks about the Commission’s independence, the 2023 appointment law and electoral reforms.
Constitutional Provisions: Part XV (Articles 324–329)
| Article | Provision |
|---|---|
| 324 | Superintendence, direction and control of elections vested in the Election Commission |
| 325 | One general electoral roll for each constituency. No one is excluded, or put on a separate roll, on grounds of religion, race, caste or sex |
| 326 | Elections to the Lok Sabha and state assemblies on the basis of adult suffrage. The voting age was lowered from 21 to 18 by the 61st Amendment Act, 1988 |
| 327 | Parliament may make laws on elections to Parliament and state legislatures |
| 328 | A state legislature may make laws on elections to that legislature, so far as Parliament has not |
| 329 | Bar on courts interfering in electoral matters. An election can be questioned only by an election petition |
What 'elections' means here
Under Article 324(1), the ECI superintends elections to Parliament, every state legislature (assemblies and legislative councils), and the offices of President and Vice-President. It does not conduct elections to panchayats and municipalities. Those belong to the State Election Commission under Articles 243K and 243ZA.
The detailed law is in two Acts of Parliament made under Article 327:
- Representation of the People Act, 1950 — electoral rolls, allocation of seats, delimitation-related matters.
- Representation of the People Act, 1951 — conduct of elections, qualifications and disqualifications, corrupt practices, election disputes.
Composition, Appointment and Removal
Article 324(2)–(6)
| Clause | Content |
|---|---|
| 324(2) | The Commission consists of the Chief Election Commissioner (मुख्य निर्वाचन आयुक्त) and such number of other Election Commissioners as the President may fix. Appointments are made by the President, subject to any law made by Parliament |
| 324(3) | When other ECs are appointed, the CEC acts as Chairman |
| 324(4) | Before a general election, the President may appoint Regional Commissioners after consulting the Commission |
| 324(5) | The CEC can be removed only in the same manner and on the same grounds as a Supreme Court judge. His or her conditions of service cannot be varied to his or her disadvantage after appointment. Other ECs and Regional Commissioners can be removed only on the recommendation of the CEC |
| 324(6) | The President, or the Governor of a state, must provide the staff the Commission needs when it asks |
The constitutional gaps
The Constitution itself does not prescribe the qualifications of the members, their term of office, or a bar on later government appointments. These gaps are why Parliament’s laws, and the Supreme Court, have shaped the Commission’s independence.
From one member to three
timeline
title Composition of the Election Commission
25 Jan 1950 : ECI constituted, a one-member body (CEC only)
16 Oct 1989 : Two Election Commissioners appointed
1 Jan 1990 : The two EC posts abolished, back to one member
1 Oct 1993 : Two ECs appointed again, multi-member since then
1995 : T.N. Seshan v. Union of India upholds the multi-member Commission
2 Mar 2023 : Anoop Baranwal judgment on appointments
2 Jan 2024 : CEC and ECs Act, 2023 comes into force- 25 January, the day the Commission was set up in 1950, has been observed as National Voters’ Day since 2011.
- The first CEC was Sukumar Sen, who conducted the first general elections of 1951–52.
- In T.N. Seshan v. Union of India (1995), the Supreme Court upheld the multi-member Commission. The CEC is first among equals, and decisions are taken by majority where members differ.
The appointment question: Anoop Baranwal and the 2023 Act
| Before 2023 | Anoop Baranwal v. Union of India (2 March 2023) | CEC and Other ECs Act, 2023 (in force 2 January 2024) | |
|---|---|---|---|
| Who chose | The President on the advice of the Union Council of Ministers (in practice, the government) | Until Parliament made a law: a committee of the Prime Minister, Leader of Opposition in the Lok Sabha (or leader of the largest opposition party) and the Chief Justice of India | Selection Committee: the Prime Minister (chair), the Leader of Opposition in the Lok Sabha (or leader of the largest opposition party), and a Union Cabinet Minister nominated by the PM |
| Shortlist | — | — | A Search Committee headed by the Law Minister, with two officers not below Secretary rank, prepares a panel of five names. The Selection Committee may also consider others |
| Term | 6 years or age 65, whichever is earlier (under the 1991 Act) | — | 6 years or age 65, whichever is earlier. No reappointment |
| Eligibility | Not prescribed | — | Persons who hold or have held a post equivalent to Secretary to the Government of India, with experience in managing and conducting elections |
The debate for Mains
The 2023 Act replaced the Chief Justice in the interim Baranwal committee with a Union Cabinet Minister. Critics argue this gives the government a 2:1 majority in the selection and weakens independence. The government’s position is that Article 324(2) gives Parliament the power to make the law, and the Baranwal arrangement was expressly temporary. Petitions challenging the Act were filed in the Supreme Court. Check the latest status before using this in an answer.
As of 2026: Gyanesh Kumar is the Chief Election Commissioner. He took charge in February 2025 as the 26th CEC, and he was the first CEC appointed under the 2023 Act.
Removal: the asymmetry
| Office | How removed |
|---|---|
| Chief Election Commissioner | Like a Supreme Court judge: an address by each House of Parliament, passed by a special majority, on grounds of proved misbehaviour or incapacity |
| Election Commissioner | By the President, but only on the recommendation of the CEC |
| Regional Commissioner | By the President, only on the CEC’s recommendation |
The ECs do not have the same security of tenure as the CEC. Reform proposals, including those of the Law Commission (255th Report, 2015), have suggested giving all members the same removal protection.
Powers and Functions
| Category | Functions |
|---|---|
| Administrative | Prepares and revises electoral rolls; registers voters; issues the Electors Photo Identity Card (EPIC); notifies election schedules; appoints and supervises observers; requisitions staff and forces |
| Party system | Registers political parties and grants recognition as national or state parties; allots symbols under the Election Symbols (Reservation and Allotment) Order, 1968; decides disputes over a split party’s symbol |
| Conduct of polls | Enforces the Model Code of Conduct; monitors election expenditure; can countermand or order a re-poll |
| Advisory (quasi-judicial) | Gives its opinion to the President on the disqualification of MPs (Art 103) and to the Governor on the disqualification of MLAs (Art 192). The President and Governor are bound by that opinion |
| Quasi-judicial | Can disqualify a candidate who fails to lodge an account of election expenses in time (Section 10A, RPA 1951) |
Model Code of Conduct (आदर्श आचार संहिता)
The MCC is a set of guidelines for parties, candidates and governments from the announcement of the schedule until the results. It is usually traced to the Kerala assembly election of 1960, and the ECI developed it from the 1960s onwards. It has no statutory backing. It works through consensus, publicity and the Commission’s power under Article 324. Some of its provisions overlap with offences in the RPA 1951 and the criminal law.
Election disputes
- Parliament and state legislatures: an election petition under the RPA 1951, tried by the High Court, with an appeal to the Supreme Court.
- President and Vice-President: decided only by the Supreme Court (Art 71).
- The ECI itself does not decide election petitions.
Technology and voter choice: milestones
| Year | Milestone |
|---|---|
| 1982 | EVMs first used, in some polling stations of the Paravur by-election (Kerala) |
| 1989 | Voting age lowered to 18 (61st Amendment Act, 1988) |
| 2013 | VVPAT first used, in the Noksen by-election (Nagaland) |
| 2013 | NOTA introduced after PUCL v. Union of India (September 2013). Its first use was in the 2013 assembly elections of Chhattisgarh, Madhya Pradesh, Rajasthan, Delhi and Mizoram |
| 2024 | Electoral bonds scheme struck down in ADR v. Union of India (15 February 2024) |
Chhattisgarh’s Electoral Machinery
| Level | Officer | Role |
|---|---|---|
| State | Chief Electoral Officer (मुख्य निर्वाचन पदाधिकारी), Chhattisgarh | An officer of the state government designated by the ECI in consultation with the state government (Section 13A, RPA 1950). Supervises rolls and Lok Sabha and Vidhan Sabha elections in the state, under the ECI’s control |
| District | District Election Officer | Usually the Collector |
| Constituency | Returning Officer and Electoral Registration Officer | Conduct of the poll; preparation of the roll |
| Polling station area | Booth Level Officer (BLO) | House-to-house verification of the roll |
Seats (as of 2026): Chhattisgarh has 90 Vidhan Sabha seats, 11 Lok Sabha seats and 5 Rajya Sabha seats.
Chhattisgarh angle for Mains
- Elections in Left-Wing Extremism areas: polls in Bastar division have often been held in a separate, earlier phase, with heavy deployment of central forces. Polling teams are sometimes flown in by helicopter. Higher turnout in such areas is a common theme in ECI outreach.
- NOTA’s first outing: Chhattisgarh was among the five states where NOTA was first available, in the 2013 assembly elections.
- Special Intensive Revision: the ECI’s second phase of the Special Intensive Revision (SIR) of electoral rolls, announced in October 2025, included Chhattisgarh. It made BLOs and verification of the roll a live public issue.
Analysis for Mains: Independence and Reform
Safeguards of independence
- A constitutional body with plenary power under Article 324 to fill gaps in election law (Mohinder Singh Gill v. Chief Election Commissioner, 1978).
- The CEC’s security of tenure: removal only like a Supreme Court judge.
- Conditions of service cannot be varied to the CEC’s disadvantage.
- The power to requisition staff, who work under the Commission during elections.
Weaknesses often cited
- Appointment is largely in the hands of the executive (now through the 2023 Act).
- No constitutional bar on post-retirement appointments.
- ECs lack the CEC’s removal protection.
- No independent secretariat or charged budget. The ECI’s expenses are not charged on the Consolidated Fund of India.
- The MCC is not legally enforceable, and the ECI has no power to deregister a party for violations. Section 29A of the RPA 1951 covers only registration.
- Concerns over money power and criminalisation of politics.
Reforms suggested (by the Goswami Committee 1990, Indrajit Gupta Committee 1998 on state funding, and the Law Commission’s 255th Report, 2015, among others): a collegium for appointments, equal removal protection for all members, an independent secretariat, expenditure charged on the Consolidated Fund, power to deregister parties, and state funding of elections.
Memory Tricks
Articles 324–329: 'Commission, Roll, Adults, Parliament, State, Stop'
- 324 Commission
- 325 one Roll
- 326 Adults vote (18+)
- 327 Parliament makes election law
- 328 State legislature makes election law
- 329 Stop: courts barred (only an election petition)
Who removes whom
“CEC sits like a Supreme Court judge; ECs sit at the CEC’s word.” The CEC is removed like an SC judge. The ECs are removed by the President only when the CEC recommends it.
Don’t Confuse
| This | vs | That |
|---|---|---|
| ECI (Art 324): Parliament, state legislatures, President, Vice-President | vs | State Election Commission (Arts 243K, 243ZA): panchayats and municipalities |
| CEC removed like a Supreme Court judge | vs | State Election Commissioner removed like a High Court judge |
| CEC of India: head of the ECI | vs | Chief Electoral Officer of a state: an ECI-designated officer in the state |
| Election petition (Parliament, assembly): High Court | vs | President / Vice-President election dispute: Supreme Court only (Art 71) |
| Delimitation Commission: a separate statutory body that redraws constituencies | vs | ECI: conducts elections in those constituencies |
| Registration of a party (Sec 29A, RPA 1951) | vs | Recognition as a national or state party (Symbols Order, 1968) |
Common Mistakes
Trap 1: the Constitution fixes three members
False. Article 324(2) leaves the number of ECs to the President. The Commission has had three members since 1993 by executive decision and law, not because the Constitution says so.
Trap 2: the ECI conducts panchayat elections
False. Local body elections are conducted by the State Election Commission, which is a separate constitutional authority appointed by the Governor.
Trap 3: all members have the same removal protection
False. Only the CEC is removable like a Supreme Court judge. The ECs can be removed on the CEC’s recommendation.
Trap 4: the Chief Justice sits on the selection committee
The CJI was on the interim committee ordered in Anoop Baranwal (2023). Under the 2023 Act, the committee is the PM, the Leader of Opposition and a Cabinet Minister nominated by the PM.
Practice
All questions below are original practice questions written in CGPSC style. They are not previous-year questions.
Level 1: Foundation
- The Election Commission of India was constituted on ______, now observed as National Voters’ Day.
- Article ______ provides for a single general electoral roll for every constituency.
- An Election Commissioner can be removed by the President only on the recommendation of the ______.
Answers
- 25 January 1950.
- Article 325.
- Chief Election Commissioner.
Level 2: Prelims MCQs
Q1. Consider the following statements about the Election Commission of India:
- The Constitution fixes the number of Election Commissioners at two, besides the Chief Election Commissioner.
- The Chief Election Commissioner can be removed only in the manner and on the grounds applicable to a Supreme Court judge.
- The Election Commission of India conducts elections to municipalities in the states.
Which of the statements given above is/are correct?
- (a) 1 and 2 only
- (b) 2 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Answer and explanation
(b) 2 only. Statement 1 is wrong: Article 324(2) lets the President fix the number of ECs. Statement 2 is correct under Article 324(5). Statement 3 is wrong: municipal elections are conducted by the State Election Commission under Article 243ZA.
Q2. Match List I (Article) with List II (Subject):
| List I | List II |
|---|---|
| A. Article 325 | 1. Adult suffrage |
| B. Article 326 | 2. Bar to interference by courts in electoral matters |
| C. Article 327 | 3. No person ineligible for the electoral roll on grounds of religion, race, caste or sex |
| D. Article 329 | 4. Power of Parliament to make provision for elections |
- (a) A-1, B-3, C-4, D-2
- (b) A-3, B-1, C-2, D-4
- (c) A-3, B-1, C-4, D-2
- (d) A-4, B-1, C-3, D-2
Answer and explanation
(c) A-3, B-1, C-4, D-2. Article 325 is the single general roll with no exclusion on religion, race, caste or sex. Article 326 is adult suffrage. Article 327 is Parliament’s law-making power on elections. Article 329 bars courts, so an election can be questioned only by an election petition.
Q3. Under the Chief Election Commissioner and Other Election Commissioners Act, 2023, the Selection Committee consists of:
- (a) the Prime Minister, the Chief Justice of India and the Leader of Opposition in the Lok Sabha
- (b) the President, the Prime Minister and the Speaker of the Lok Sabha
- (c) the Prime Minister, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister
- (d) the Law Minister and two Secretaries to the Government of India
Answer and explanation
(c). Option (a) describes the interim committee ordered in Anoop Baranwal (2023), which applied only until Parliament made a law. Option (d) describes the Search Committee, which only prepares a panel of names.
Q4. In which of the following does the Election Commission of India’s opinion bind the deciding authority?
- (a) Disqualification of a member of a state legislature under Article 191, decided by the Governor
- (b) Disqualification of an MLA on the ground of defection under the Tenth Schedule
- (c) An election petition challenging the election of an MP
- (d) A dispute over the election of the Vice-President
Answer and explanation
(a). Under Article 192, the Governor decides on disqualifications under Article 191(1), acting according to the ECI’s opinion. Defection cases under the Tenth Schedule are decided by the Speaker or Chairman. Election petitions go to the High Court, and a Vice-Presidential election dispute goes to the Supreme Court.
Q5. NOTA was first made available to voters in which of the following?
- (a) The 2009 Lok Sabha election
- (b) The 2013 assembly elections, including Chhattisgarh
- (c) The 2014 Lok Sabha election only
- (d) The 2018 assembly elections
Answer and explanation
(b). After PUCL v. Union of India (September 2013), NOTA was introduced in the assembly elections held later in 2013 in Chhattisgarh, Madhya Pradesh, Rajasthan, Delhi and Mizoram. The 2014 Lok Sabha election was its first national use.
Level 3: Mains Answer Writing
Q1. (150–200 words) “The independence of the Election Commission depends less on the Constitution than on the manner of appointment.” Discuss with reference to the 2023 Act.
Model answer outline
- Intro: Article 324 vests superintendence of elections in the ECI, but leaves the number of members, qualifications, term and appointment process to the President and to Parliament’s law.
- Body:
- Constitutional safeguards: CEC removable only like an SC judge; conditions cannot be varied to disadvantage; staff on request (324(5), (6)).
- Gaps: no qualifications, no bar on post-retirement office, ECs removable on the CEC’s recommendation, no charged expenditure.
- Anoop Baranwal (2023): an interim committee of PM, LoP and CJI because executive-only appointment risked partisanship.
- 2023 Act: Search Committee under the Law Minister; Selection Committee of PM, LoP and a Cabinet Minister. Supporters cite Parliament’s power under 324(2). Critics cite a 2:1 government majority.
- Practice matters too: T.N. Seshan’s tenure (1990–96) showed how the CEC’s conduct can build credibility.
- Chhattisgarh angle: peaceful, high-turnout polls in Bastar’s LWE areas depend on public trust in a neutral Commission.
- Conclusion: Constitutional protection and a balanced appointment process together sustain independence. Reforms such as equal removal protection and a charged budget would strengthen it.
Q2. (60 words) Distinguish between the Election Commission of India and a State Election Commission.
Model answer outline
- ECI (Art 324): elections to Parliament, state legislatures, President and Vice-President; multi-member; appointed by the President; CEC removed like an SC judge.
- SEC (Arts 243K, 243ZA): panchayat and municipal elections; one State Election Commissioner appointed by the Governor; removed like an HC judge.
- The two are independent of each other. Chhattisgarh’s SEC ran the 2025 local polls.
Quick Revision Table
| Fact | Detail |
|---|---|
| Part / Articles | Part XV, Arts 324–329 |
| Constituted | 25 January 1950 (National Voters’ Day since 2011) |
| First CEC | Sukumar Sen |
| Multi-member | 16 Oct 1989 – 1 Jan 1990; again since 1 Oct 1993 |
| T.N. Seshan v. UoI | 1995: multi-member body upheld; majority decides |
| Anoop Baranwal | 2 March 2023: interim committee PM + LoP + CJI |
| 2023 Act | Selection: PM, LoP, Cabinet Minister; Search: Law Minister + 2 Secretaries; in force 2 Jan 2024 |
| Term | 6 years or 65 years, whichever is earlier |
| CEC removal | Like a Supreme Court judge |
| EC removal | On the CEC’s recommendation |
| Disqualification opinion | Binding on President (Art 103) and Governor (Art 192) |
| Voting age 18 | 61st Amendment Act, 1988 |
| Firsts | EVM 1982 (Paravur); VVPAT 2013 (Noksen); NOTA 2013 (incl. Chhattisgarh) |
| CEC (as of 2026) | Gyanesh Kumar, 26th CEC, since February 2025 |
| Chhattisgarh seats | 90 assembly, 11 Lok Sabha, 5 Rajya Sabha |
Key Takeaways
Key Takeaways
- Article 324 makes the ECI the authority for elections to Parliament, state legislatures, President and Vice-President, but not local bodies.
- Only the CEC has Supreme-Court-judge-level removal protection. The ECs depend on the CEC’s recommendation.
- The Constitution is silent on qualifications and term. The 2023 Act now governs appointment and replaced the interim Baranwal committee.
- The ECI’s opinion binds the President and Governor on disqualification of legislators (Arts 103, 192), but not on defection.
- For Mains, pair the safeguards with the gaps, and end with reforms.
What’s Next
- Comptroller and Auditor General — the next independent constitutional authority
- State Election Commission and State Finance Commission — the state-level election body in Chhattisgarh
- Local Government in India — the 73rd and 74th Amendments that created SECs
- Constitutional and Statutory Bodies — Quick Revision
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