Election Commission of India: Article 324, Powers and Elections
Notes on the Election Commission of India: Articles 324 to 329, appointment and removal, the Representation of the People Acts, MCC, EVMs, VVPAT and NOTA.
By GK24 Editorial Team· Published · 6 min read

An election in India is run by a body that the Constitution created before the first vote was ever cast. The Election Commission of India was set up on 25 January 1950, a day before the Constitution came into force, and it has conducted every general election since the first one of 1951-52. Examiners like this chapter because almost everything in it is fixed: an article number, a year, a statute, a procedure. Learn the articles of Part XV first, then the two Representation of the People Acts, then the machinery of polling day, and most questions answer themselves.
Article 324 and the Commission's mandate
Part XV of the Constitution, Articles 324 to 329, is titled Elections. Article 324 vests the superintendence, direction and control of the preparation of electoral rolls and of the conduct of all elections to Parliament, to the State legislatures and to the offices of the President and the Vice-President in the Election Commission of India. The list is worth memorising for what it leaves out: elections to panchayats and municipalities are not with the Election Commission of India at all. Article 325 provides one general electoral roll for every territorial constituency and forbids excluding anyone from it on grounds of religion, race, caste or sex. Article 326 lays down adult suffrage; the voting age was lowered from 21 years to 18 by the 61st Constitutional Amendment Act of 1988. Article 327 gives Parliament the power to make laws on elections to the Union and State legislatures, Article 328 gives a State legislature a limited power on its own elections, and Article 329 bars the courts from interfering: once an election has begun, it can be questioned only by an election petition, which is heard by the High Court, with an appeal to the Supreme Court.
Composition, tenure and removal
Article 324(2) says the Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners as the President may from time to time fix. It worked as a single-member body from 1950 until October 1989, when two more Commissioners were appointed for a short period, and it has functioned as a three-member body since 1 October 1993. All three have equal powers and the same salary and conditions of service as a judge of the Supreme Court; business is normally transacted unanimously and a difference of opinion is decided by majority. A Commissioner holds office for six years or until the age of 65, whichever comes first. The protection of tenure differs by office, and that difference is a favourite question: the Chief Election Commissioner can be removed only in the same manner and on the same grounds as a judge of the Supreme Court, that is by an order of the President after each House of Parliament has passed an address by a special majority on the ground of proved misbehaviour or incapacity, while any other Election Commissioner or a Regional Commissioner can be removed by the President only on the recommendation of the Chief Election Commissioner. Appointments are made by the President, and since the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act of 2023 they are made on the recommendation of a Selection Committee of the Prime Minister, a Union Cabinet Minister and the Leader of the Opposition in the Lok Sabha.
| Article | Subject |
|---|---|
| 324 | Election Commission: superintendence, direction and control of elections |
| 325 | One general electoral roll; no exclusion by religion, race, caste or sex |
| 326 | Adult suffrage for the Lok Sabha and the State Assemblies |
| 327 | Power of Parliament to make laws on elections |
| 328 | Power of a State legislature to make laws on its own elections |
| 329 | Bar to interference by courts in electoral matters |
The statutes that run an election
Parliament used Article 327 to pass two laws that do the real work. The Representation of the People Act, 1950 deals with the allocation of seats, the delimitation machinery, the qualifications of voters and the preparation and revision of electoral rolls. The Representation of the People Act, 1951 deals with the conduct of elections: the qualifications and disqualifications of candidates, corrupt practices, electoral offences, election petitions and by-elections. Under this Act a by-election to fill a casual vacancy must ordinarily be held within six months of the vacancy arising, provided the remainder of the term is a year or more. The security deposit for a Lok Sabha candidate is 25,000 rupees and for an Assembly candidate 10,000 rupees, halved for a candidate belonging to a Scheduled Caste or Scheduled Tribe, and it is forfeited if the candidate fails to poll more than one-sixth of the valid votes. The Election Symbols (Reservation and Allotment) Order of 1968 gives the Commission its power to recognise national and State parties, allot symbols and decide which faction keeps the symbol when a recognised party splits.
From the announcement to the count
The Model Code of Conduct comes into force the moment the Commission announces the schedule and stays in force till the election is complete. It is not a statute; it rests on the Commission's authority and on publicity, and it stops the ruling party from announcing new schemes, using official machinery for campaigning or appealing to caste and religion. A new voter applies in Form 6 to the Electoral Registration Officer; the qualifying date for enrolment was 1 January alone until the Election Laws (Amendment) Act of 2021 added 1 April, 1 July and 1 October. The Electors Photo Identity Card has been issued since 1993. A candidate must be at least 25 years old for the Lok Sabha or a State Assembly and 30 for the Rajya Sabha or a Legislative Council. Members of the Lok Sabha and the Assemblies are chosen by the first-past-the-post method, while the President and the Vice-President are elected by proportional representation through a single transferable vote, by secret ballot.
EVMs, VVPAT and NOTA
An electronic voting machine was used for the first time in India in 1982, at North Paravur in Kerala, and EVMs were used in every constituency from the general election of 2004. A machine has a balloting unit in the voting compartment and a control unit with the presiding officer; they are made by Bharat Electronics Limited, Bengaluru and Electronics Corporation of India Limited, Hyderabad. The Voter Verifiable Paper Audit Trail, which prints a slip the voter can see for seven seconds, was used for the first time in 2013 in the Noksen constituency of Nagaland. The None of the Above option was provided after the Supreme Court's judgment in People's Union for Civil Liberties against Union of India in 2013; votes polled for it are counted and published, but they do not change the result, so the candidate with the most votes wins even where NOTA polls more. National Voters' Day is observed on 25 January, the Commission's foundation day, every year since 2011.
What the Commission does not do
Three bodies are regularly offered as distractors. Elections to panchayats and municipalities are conducted by the State Election Commission appointed by the Governor under Article 243K and Article 243ZA. The redrawing of constituency boundaries is done by a Delimitation Commission set up under a law of Parliament, not by the Election Commission. And the population figures on which seats are allotted come from the Census, not from the electoral roll.
Exam Point of View
Three kinds of questions come from this chapter. The first is the article number: 324 for the Commission, 325 for one general electoral roll, 326 for adult suffrage and 329 for the bar on courts, with 324 and 326 asked most often. The second is the office: who appoints the Commissioners (the President), the six-year or 65-year term, the salary of a Supreme Court judge, and the removal rule, where the trap is to apply the Chief Election Commissioner's protection to the other Commissioners as well. The third is election machinery: the 61st Amendment and the voting age, the difference between the two Representation of the People Acts, the security deposit and the one-sixth rule, the full form of VVPAT, the year and place of the first EVM, and the State Election Commission for panchayat polls. A standard trap offers the Election Commission as the body that delimits constituencies or conducts local body elections; both are wrong.
Important Facts
| Establishment | 25 January 1950; National Voters' Day since 2011 |
|---|---|
| Constitutional provision | Part XV, Articles 324 to 329; Article 324 is the key one |
| First Chief Election Commissioner | Sukumar Sen (1950 to 1958) |
| Composition | Chief Election Commissioner plus Election Commissioners fixed by the President; three-member since 1 October 1993 |
| Term | Six years or up to the age of 65, whichever is earlier |
| Status | Salary and conditions of service of a judge of the Supreme Court |
| Removal | Chief Election Commissioner like a Supreme Court judge; other Commissioners on his recommendation |
| Voting age | Lowered from 21 to 18 by the 61st Constitutional Amendment Act, 1988 |
| Key statutes | Representation of the People Acts of 1950 and 1951; Election Symbols Order, 1968 |
| Security deposit | Lok Sabha 25,000 rupees; Assembly 10,000 rupees; half for SC and ST candidates |
| First EVM use | 1982, North Paravur, Kerala; nationwide from 2004 |
| First VVPAT use | 2013, Noksen constituency, Nagaland |
| Local body elections | State Election Commission under Articles 243K and 243ZA |
Practice MCQs on this topic
The Chief of Election Commission is appointed by the ________.
- A.Central Government
- B.State Government
- C.Chief Justice of India
- D.President of India
Show answer
Correct answer: D. President of India
Explanation
The correct answer is D, the President of India. Article 324(2) says the Chief Election Commissioner and the other Election Commissioners shall be appointed by the President, and under the Act of 2023 the President acts on the recommendation of a Selection Committee of the Prime Minister, a Union Cabinet Minister and the Leader of the Opposition in the Lok Sabha. Option A is wrong because the Central Government only advises or recommends; the warrant of appointment is issued by the President, and the office is a constitutional one, not a departmental post. Option B is wrong because a State Government has no role at all in the Union Election Commission; it appoints nothing beyond its own State Election Commissioner, which is done by the Governor. Option C is wrong because the Chief Justice of India has no part in the appointment, although he is on the collegium for judges; the Supreme Court is relevant here only for removal, because the Chief Election Commissioner can be removed only in the same manner as a judge of the Supreme Court.
In the context of Elections in India, the term VVPAT stands for:
- A.Voter Visit Poll Account Trail
- B.Voter Vivid Press Audit Trail
- C.Voter Verifiable Paper Audit Trail
- D.Voter Verifiable Paper Account Trail
Show answer
Correct answer: C. Voter Verifiable Paper Audit Trail
Explanation
The correct answer is C, Voter Verifiable Paper Audit Trail. A VVPAT unit is attached to the balloting unit of an electronic voting machine and prints a slip showing the serial number, name and symbol of the candidate the voter has chosen; the slip is visible through a window for about seven seconds and then drops into a sealed box, so the vote can be audited on paper without being traced to the voter. It was used for the first time in 2013 in the Noksen Assembly constituency of Nagaland. Options A, B and D are wrong because each changes one word of the expansion, and the changed word matters: the machine makes the vote verifiable by the voter, not merely visited or vivid, and what it leaves behind is an audit trail on paper, not an account. Remembering the four words in order, verifiable, paper, audit, trail, is enough to reject all three distractors.
Which article of the Indian Constitution vests the superintendence, direction and control of elections in the Election Commission?
- A.Article 320
- B.Article 324
- C.Article 326
- D.Article 329
Show answer
Correct answer: B. Article 324
Explanation
The correct answer is B, Article 324. It is the first article of Part XV and places the superintendence, direction and control of the preparation of electoral rolls and of the conduct of all elections to Parliament, the State legislatures and the offices of the President and the Vice-President in the Election Commission of India. Option A is wrong because Article 320 is about the functions of the Public Service Commissions, which conduct recruitment examinations and have nothing to do with elections. Option C is wrong because Article 326 lays down that elections to the Lok Sabha and the State Assemblies shall be on the basis of adult suffrage; it fixes who may vote, not who runs the election. Option D is wrong because Article 329 bars the courts from interfering in electoral matters and confines a challenge to an election petition before the High Court. Fix 324 for the Commission and 326 for adult suffrage, and this pair of distractors stops working.
The voting age in India was reduced from 21 years to 18 years by which Constitutional Amendment Act?
- A.44th Amendment Act
- B.52nd Amendment Act
- C.61st Amendment Act
- D.73rd Amendment Act
Show answer
Correct answer: C. 61st Amendment Act
Explanation
The correct answer is C, the 61st Amendment Act, passed in 1988, which amended Article 326 and lowered the voting age for elections to the Lok Sabha and the State Legislative Assemblies from 21 years to 18, so that the enlarged electorate voted in the general election of 1989. Option A is wrong because the 44th Amendment of 1978 undid several changes of the Emergency, removing the right to property from the Fundamental Rights and restoring safeguards on the proclamation of an emergency. Option B is wrong because the 52nd Amendment of 1985 inserted the Tenth Schedule, the anti-defection law, which disqualifies a legislator for defection. Option D is wrong because the 73rd Amendment of 1992 gave constitutional status to panchayats and added Part IX and the Eleventh Schedule; it is connected with elections only in that it created the State Election Commission under Article 243K.
Elections to the panchayats and municipalities in a State are conducted by which authority?
- A.Election Commission of India
- B.State Election Commission
- C.District Collector of the district
- D.Ministry of Panchayati Raj
Show answer
Correct answer: B. State Election Commission
Explanation
The correct answer is B, the State Election Commission. Article 243K, inserted by the 73rd Amendment, gives the superintendence, direction and control of panchayat elections to a State Election Commission consisting of a State Election Commissioner appointed by the Governor, and Article 243ZA does the same for municipalities. Option A is wrong because the Election Commission of India is confined by Article 324 to elections to Parliament, the State legislatures and the offices of the President and the Vice-President; local body elections were deliberately kept outside its charge. Option C is wrong because a District Collector works as District Election Officer or Returning Officer under whichever commission is holding the poll, but has no authority of his own to conduct an election. Option D is wrong because a ministry frames policy and releases funds; it cannot conduct elections, which must be in the hands of an independent commission.
Under the Representation of the People Act, 1951, what is the security deposit for a general candidate contesting a Lok Sabha election?
- A.10,000 rupees
- B.25,000 rupees
- C.5,000 rupees
- D.50,000 rupees
Show answer
Correct answer: B. 25,000 rupees
Explanation
The correct answer is B, 25,000 rupees. Section 34 of the Representation of the People Act, 1951 requires a candidate for a Lok Sabha seat to deposit 25,000 rupees, and a candidate belonging to a Scheduled Caste or a Scheduled Tribe deposits half of it. The deposit is returned after the result unless the candidate fails to poll more than one-sixth of the total valid votes, in which case it is forfeited; the purpose is to discourage candidates who have no real support. Option A is wrong because 10,000 rupees is the deposit for a State Legislative Assembly seat, which is the commonest confusion in this question. Option C is wrong because 5,000 rupees is the halved deposit for an SC or ST candidate contesting an Assembly seat. Option D is wrong because no seat carries a deposit of 50,000 rupees; the figure is simply a plausible-looking distractor.
Electronic voting machines were used for the first time in India in 1982 in a constituency of which State?
- A.Kerala
- B.Goa
- C.Karnataka
- D.Rajasthan
Show answer
Correct answer: A. Kerala
Explanation
The correct answer is A, Kerala. The first use of an electronic voting machine in an Indian election was in 1982 at North Paravur in Kerala, in a by-election where the machine was used in a limited number of polling stations. The experiment was extended to selected constituencies through the 1990s, EVMs were used in all the Assembly elections of some States by 2001, and from the general election of 2004 every parliamentary constituency in the country polled on machines. Option B is wrong because Goa has no connection with the first use, though it has polled on machines like every other State since 2004. Option C is wrong because Karnataka is the home of Bharat Electronics Limited at Bengaluru, one of the two public sector makers of the machines, which is why it is offered as a distractor. Option D is wrong because Rajasthan has no claim to the first trial either.
Who was the first Chief Election Commissioner of India?
- A.Sukumar Sen
- B.K. V. K. Sundaram
- C.T. Swaminathan
- D.T. N. Seshan
Show answer
Correct answer: A. Sukumar Sen
Explanation
The correct answer is A, Sukumar Sen, an officer of the Indian Civil Service who held office from 1950 to 1958 and conducted the first two general elections, of 1951-52 and 1957, for an electorate that was largely unlettered and had never voted before. Option B is wrong because K. V. K. Sundaram was the third Chief Election Commissioner, in office through the 1960s. Option C is wrong because T. Swaminathan came after him in the 1970s; both names are offered because they belong to the early list and are easy to shuffle. Option D is wrong because T. N. Seshan, who held office from 1990 to 1996, is remembered for the strict enforcement of the Model Code of Conduct and for making the photo identity card general, but he was far from the first; the Commission had been working for forty years by the time he took charge.
The Chief Election Commissioner of India can be removed from office in the same manner as which of the following?
- A.A judge of a High Court
- B.A judge of the Supreme Court
- C.The Attorney General of India
- D.A Governor of a State
Show answer
Correct answer: B. A judge of the Supreme Court
Explanation
The correct answer is B, a judge of the Supreme Court. Article 324(5) says the Chief Election Commissioner shall not be removed from office except in like manner and on the like grounds as a judge of the Supreme Court, so it takes an order of the President after each House of Parliament has passed an address by a special majority on the ground of proved misbehaviour or incapacity. Option A is wrong because a High Court judge, although removed by the same parliamentary process, is not the comparison the Constitution draws, and the answer expected is the one the text names. Option C is wrong because the Attorney General holds office at the pleasure of the President and can be asked to go at any time. Option D is wrong because a Governor too holds office during the pleasure of the President and can be transferred or removed without any parliamentary process, which is exactly the insecurity the Commission was protected from.
Which law deals with the actual conduct of elections, corrupt practices, electoral offences and election petitions?
- A.Representation of the People Act, 1950
- B.Representation of the People Act, 1951
- C.Election Symbols (Reservation and Allotment) Order, 1968
- D.Delimitation Act, 2002
Show answer
Correct answer: B. Representation of the People Act, 1951
Explanation
The correct answer is B, the Representation of the People Act, 1951. Parliament passed it under Article 327 to govern the conduct of elections: the qualifications and disqualifications of candidates, the nomination and the security deposit, corrupt practices such as bribery and undue influence, electoral offences, the filling of casual vacancies by by-election and the trial of election petitions by the High Court. Option A is wrong because the Act of 1950 is the earlier and narrower law, dealing with the allocation of seats, the qualifications of voters and the preparation and revision of electoral rolls. Option C is wrong because the Symbols Order is an order issued by the Commission itself for the recognition of parties and the allotment of symbols, not an Act of Parliament. Option D is wrong because the Delimitation Act, 2002 set up the Delimitation Commission to redraw constituency boundaries on the basis of the census.
Frequently Asked Questions
Which article of the Constitution deals with the Election Commission of India?
Article 324, in Part XV. It vests the superintendence, direction and control of electoral rolls and of all elections to Parliament, the State legislatures and the offices of the President and the Vice-President in the Election Commission, and allows the President to fix the number of Election Commissioners.
Who appoints the Chief Election Commissioner and how can he be removed?
The President appoints him, and since the Act of 2023 does so on the recommendation of a Selection Committee of the Prime Minister, a Union Cabinet Minister and the Leader of the Opposition in the Lok Sabha. He can be removed only in the same manner as a judge of the Supreme Court, on an address of both Houses of Parliament for proved misbehaviour or incapacity.
What is the difference between the Representation of the People Acts of 1950 and 1951?
The 1950 Act deals with the allocation of seats, the qualifications of voters and the preparation of electoral rolls. The 1951 Act deals with the actual conduct of elections: qualifications and disqualifications of candidates, corrupt practices, electoral offences, by-elections and election petitions.
Who conducts panchayat and municipal elections in India?
The State Election Commission, whose Commissioner is appointed by the Governor, under Article 243K for panchayats and Article 243ZA for municipalities. The Election Commission of India has nothing to do with local body elections; it conducts only parliamentary, Assembly, presidential and vice-presidential elections.
Does a NOTA vote change the result of an election?
No. NOTA votes are counted and published separately, but the candidate who polls the highest number of valid votes is declared elected even if NOTA has polled more. The option was provided after the Supreme Court's judgment in People's Union for Civil Liberties against Union of India in 2013.
Sources
- The Constitution of India, Part XV: Elections (Articles 324 to 329) — Ministry of Law and Justice
- About ECI: the Commission, its history and functions — Election Commission of India
- Democratic Politics I (Class IX), Chapter 3: Electoral Politics — NCERT





