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Home / IAS Preparation / Election Commission Of India

Election Commission of India Under Article 324 for UPSC Preparation - Indian Polity Notes

Last Updated on Jul 07, 2025
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Election Commission of India (ECI)

The Election Commission of India (ECI) is an autonomous constitutional authority established on January 25, 1950, under Article 324 of the Indian Constitution. It is entrusted with the responsibility of conducting free and fair elections to the Parliament, State Legislatures, and the offices of the President and Vice-President of India. Initially a single-member body, the ECI became a multi-member commission in 1989 and currently comprises the Chief Election Commissioner (CEC) and two Election Commissioners, all appointed by the President of India. The Commission's powers encompass administrative, advisory, and quasi-judicial functions, including the preparation and periodic revision of electoral rolls, recognition of political parties, allocation of election symbols, and enforcement of the Model Code of Conduct. The ECI also has the authority to disqualify candidates and cancel polls in cases of electoral malpractices. To ensure its independence, the CEC enjoys security of tenure and can only be removed through a process akin to that of a Supreme Court judge. The ECI's role is pivotal in upholding the democratic ethos of India by ensuring the integrity of the electoral process.

  • The Election Commission of India is a permanent constitutional body created in 1950 according to constitutional provisions.
  • Part XV of the Indian Constitution deals with ECI.
  • It is an all India body that is common to both Central and state.
  • Article 324 of Indian constitution deals with the ECI.
  • It is responsible for the conduction of election for both the houses of Rajya Sabha and Lok Sabha as well as state legislative assemblies.
  • It is also responsible for the elections for president, vice president and legislative assemblies for union territories.

Study this following article on Election Commission of India which is one of the most important topics under Indian Polity for UPSC Exams.

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Election Commission of India UPSC Notes | Latest News

Here's why the Election Commission of India is in news -

  • Special Intensive Revision (SIR) in Bihar: The ECI has initiated a Special Intensive Revision of electoral rolls in Bihar ahead of the 2025 Assembly elections. Voters not listed in the 2003 rolls are required to submit specific documents to prove citizenship. This move has raised concerns about potential disenfranchisement, especially among marginalized communities lacking proper documentation.
  • Opposition's Response: Several opposition parties, including the Congress, have criticized the timing and execution of the SIR, alleging it could disenfranchise up to 2 crore voters. They argue that the exercise, conducted just months before the elections, may suppress voter participation and undermine democratic processes.
  • Supreme Court Intervention: Petitions challenging the validity of the SIR have been filed in the Supreme Court, with a hearing scheduled for July 10, 2025. The court's decision could have significant implications for the electoral process in Bihar and set precedents for future electoral roll revisions.

Historical Background of ECI
  • On January 25, 1950, the Election Commission was constituted in conformity with the Constitution. In 2001, the Commission celebrated its Golden Jubilee.
  • Initially, there was only one Chief Election Commissioner on the commission. There are now two Election Commissioners and a Chief Election Commissioner on the board.
  • On the 16th of October 1989, two extra Commissioners were appointed for the first time, however their term was just one month, ending on the 1st of January 1990.
  • Two more Election Commissioners were appointed later, on October 1, 1993.
  • Since then, the concept of a multi-member Commission has been in place, with decision-making authority based on a majority vote.

Important Constitutional Articles related to Election Commission of India
  • Article 324– Deals with the powers of Election Commision concerning the supervision, direction and control of elections.
  • Article 325– There is no special provision for inclusion or exclusion on the grounds of religion, race, sex or caste.
  • Article 326– Universal adult franchise should be followed in elections to both the houses of the Parliament.
  • Article 327: Deals with the power of Parliament to make provision with respect to elections to the Legislatures.
  • Article 328: Deals with the power of Legislature of a State to make provision with respect to elections to such a Legislature.
  • Article 329: The court is prohibited to interfere in matters related to election

Also read: Union Executive for UPSC here

Composition of ECI
  • It comprises a chief election commissioner and two other election commissioners.
  • There are regional election commissioners as well.
  • When there are more than two other election commissioners the chief election commissioner acts as a chairman.
  • The appointment of all these personnel is done by the president of India.
  • The term of office and conditions of service are determined by the president for these persons.

Also read: NCERT Notes on Charter Act of 1813 here

Appointment & Tenure of Commissioners
  • The Chief Election Commissioner and Election Commissioners are appointed by the President.
  • They have a six-year term or until they reach the age of 65, whichever comes first.
  • They have the same status as Judges of the Supreme Court of India, with the same salaries and benefits.
  • The only way to remove the Chief Election Commissioner from office is for Parliament to impeach him.

CEC and other ECs

  • The term of office is 6 years or 65 years (whichever is earlier).
  • CEC and other ECs can resign by giving a letter to the president.
  • The CEC can be removed only by special majority by both the houses on Grounds of misbehaviour on incapacity.
  • The removal of other election commissioners and regional election commissioners can be done only by president On the Recommendation of chief election commissioner.

Functions of Election Commission of India  (ECI)

Administrative Functions

  • Determine territorial area of electoral constituencies.
  • Prepare and revise electoral rolls.
  • Notify dates and schedules and scrutinize nomination papers.
  • Grant recognition to political parties as national parties or state parties and allot symbols.
  • Request the president or governor for staff.
  • Supervise machinery to ensure free and fair elections.

Also read: UPSC Anthropology Previous Year Question Papers here.

Advisory Functions

  • The ECI advises the president for disqualification of Members of Parliament.
  • It also advises the Governor for the disqualification of members of legislative assemblies and members of legislative councils.
  • Advises presidents on conducting elections in the state under the president’s rule.

Quasi-Judicial Functions

  • It acts as a court in settling disputes between political parties.
  • It appoints officers to enquire into electoral arrangements.
  • It determines a model code of conduct for political parties and representatives by issuing certain guidelines.
  • ECI sets a limit for the expenditure to be spent in election campaigns by the political parties.
  • It can cancel the poles in case of Reading Booth capturing violence and other regularities occurred during conduction of elections.

Also read: UPSC Political Science Syllabus here.

Powers and Responsibilities of Election Commission of India
  • The Commission’s election-related tasks and powers are separated into three categories (Administrative, Advisory, and Quasi-judicial).
  • The Commission also has advising authority over incumbent members of Parliament and state legislatures who are disqualified after an election.
  • It produces a Model Code of Conduct for political parties and candidates in elections to ensure that no one engages in unfair practices or those in power misuse their authority inappropriately.
  • Responsibilities of ECI are listed below in detail: –
    • Determining the territorial areas of Electoral
    • Constituencies around the country.
    • Creating and updating electoral rolls, as well as enrolling all eligible voters.
    • Notifying election schedules and dates, as well as reviewing nomination paperwork.
    • Recognizing the various political parties and assigning election symbols to them.

Working of the Election Commission
  • From 1950 to 1989 Election Commission of India ECI worked as a single member body.
  • From 1989 to 1990 it worked as a multi member body with the addition of 2 more members.
  • Again from 1992-1993 the role was shifted to a single member body which was later changed to multi member body still present.

Click here to get UPSC IAS Exam Previous Year Papers for UPSC

Important Role of the Election Commission of India

The ECI plays a critical and essential role in the organization of elections in the world’s largest democracy. The primary responsibility of India’s Election Commission is to ensure that the country’s elections are free and fair.

The Significance of  Election Commission of India is listed below: –

  • It is the defender of India’s free and fair elections.
  • Before each election, the Election Commission releases a Model Code of Conduct for candidates and parties to observe in order to protect the dignity of the democratic process.
  • The body supervises political parties and is responsible for registering those who are eligible to run for office.
  • The Election Commission sets campaign spending restrictions for candidates and parties, as well as monitoring the expenditures.
  • In order to receive tax benefits on contributions, all political parties are required to file annual reports to the ECI.
  • The body also requires political parties to provide audited financial reports on a regular basis.

Assistance to Election Commission of India
  •  At the National level, the Election Commission is assisted by Deputy Election Commissioners who are appointed through civil services.
  •  At the state level, the Chief Electoral Officer assists the Election Commission of India.
  •  At district level, a district returning officer provides assistance to the ECI.

You might like to read: Statutory Bodies in India here for UPSC

Removal of the Chief Election Commissioner
  • The Chief Election Commissioner can be removed from his position in the same way and for the same reasons as a Supreme Court judge.
  • In other words, he can be dismissed by the President if both Houses of Parliament pass a resolution to that effect with a special majority, either on the basis of proven misbehaviour or incapacity.
  • As a result, despite being appointed by the President, he does not hold office until the President’s pleasure.
  • Any other election commissioner or regional commissioner can only be removed from office if the chief election commissioner recommends it.
  • Chief Election Commissioner have the option to resign at any moment or be removed before the end of their term.

Also read: Emergency Provisions of the Indian Constitution here.

Challenges for ECI 
  • Qualifications for members of the EC are not specified in the Constitution.
  • The terms of the EC members aren’t mentioned.
  • With growing incidences of breaches of the Model Code of Conduct in the 2019 general elections, the EC has come under fire like never before.
  • After retiring or quitting, they are not prohibited from future assignments.
  • ECI observers report on the actions of certain officials in the states where elections will be place.
  • The government has sole power over the transfer of an official.
  • The opposition claimed that the ECI was favouring the ruling party by granting the prime minister a pass on the model code of conduct violations.
  • Allegations of EVMs malfunctioning, being hacked, and failing to record votes erode the public’s faith in ECI.

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Frequently Asked Questions (FAQS): Election Commission of India

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FAQs

Those casting votes in the favour of the bill should constitute at least half of the total strength of the house. The number votes in favour must also be two thirds of the total number of votes casted. This is referred to as the special majority.

Due to reduction in age from 21 years to 18 years for Universal adult suffrage, there was a lot of burden on the ECI. To ease the procedure, two more members were added and hence, it performed as a multi-member body.

The ECI can be removed only after the assent of such a bill by both the houses of Parliament with approval by special majority.

The CEC is appointed by the President of India as an independent and Constitutional body.

Salary of the election commission of India is not taken from the consolidated fund of India, rather it is decided by the parliament.

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