Election Commission of India: Article 324 and its three members
Why in news: Protests in Delhi on October 10-11, 2026 demanded the Chief Election Commissioner's removal, raising how the Commission is composed and how members are removed.
The Election Commission of India is a constitutional body, set up on 25 January 1950 under Article 324 to run elections to Parliament, State Legislatures and the offices of President and Vice-President. It was a single-member body until 1989 and has had three members since 1993. Delhi protests seeking the Chief Election Commissioner's removal have revived questions on its structure.
Syllabus: Prelims · Polity & Governance; GS2 · Representation of the People Act; GS2 · Constitutional Bodies
In short
The Election Commission of India (25 January 1950, Article 324) runs elections to Parliament and State Legislatures, yet the Constitution leaves its size to the President.
Majority rule has held since 1995; fixing the Commission's size and protecting all three members equally would keep governments from reshaping it.
Why it matters
Every voter relies on the Commission to run elections fairly, from preparing electoral rolls to declaring results. Because Article 324 leaves the number of members to the President, a government can reshape the Commission without amending the Constitution: a notification created two posts in 1989, and the Commission was expanded again in 1993. Three members spread power, so no single officer decides alone, but members who differ can slow decisions; the majority rule settles that. Protection from removal matters most: a CEC who can be removed only like a Supreme Court judge can rule against the government of the day without fearing for the post. How members are appointed and removed therefore decides how far elections stay free and fair.
Prelims pointers
- Article 324: superintendence, direction and control of elections to Parliament, State Legislatures, President and Vice-President vest in the Election Commission.
- Article 324(2): the President fixes the number of Election Commissioners; the Constitution sets no number.
- Article 324(5): the CEC is removable only like a Supreme Court judge; an Election Commissioner only on the CEC's recommendation.
- Article 324(5): the CEC's conditions of service cannot be varied to his disadvantage after appointment; the text gives Election Commissioners no such bar.
- Article 324(4): Regional Commissioners may be appointed before a general election, after consulting the Election Commission.
- Articles 103 and 192: the President or Governor decides a legislator's disqualification on the Election Commission's opinion and acts on it.
- Panchayat and municipal elections are run by State Election Commissions (Articles 243K and 243ZA), not the ECI.
- 2023 Act: a committee of the Prime Minister, the Leader of the Opposition in Lok Sabha and a Union Cabinet Minister recommends appointments.
Practise a UPSC-style question
With reference to Article 324 of the Constitution of India, consider the following statements:
1. The Constitution fixes the number of Election Commissioners at two, besides the Chief Election Commissioner.
2. Elections to the offices of President and Vice-President are under the superintendence of the Election Commission.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Show the answer
Answer: (b) 2 only
1 is incorrect: Article 324(2) leaves the number of Election Commissioners to the President, who fixes it from time to time; the Constitution sets no number. 2 is correct: Article 324 vests superintendence, direction and control of elections to Parliament, State Legislatures, President and Vice-President in the Commission.
More Explainers
- State Legislative Councils: Articles 168-172 and the graduates' and teachers' seats Polity
- Whales and dolphins in Indian waters: legal protection, IUCN status and strandings Environment
- The Aligarh Movement, AMU and the Article 30 minority test Polity
- Environmental clearance by States: SEIAA, SEAC and the EIA Notification, 2006 Environment
- Software vulnerabilities: CVE, CVSS, coordinated disclosure and CERT-In's role Sci-Tech
- Drug trafficking law in India: NDPS Act, PIT-NDPS, NCB and NCORD National
- Choosing the UN Secretary-General: Article 97, UNSC veto and straw polls World & IR
- UN Convention against Torture, and why India has not ratified it Polity
- NavIC: why India's navigation constellation cannot give a standalone position Sci-Tech
- International Energy Agency: membership, 90-day oil stocks and India's status World & IR
- PM Surya Ghar: Muft Bijli Yojana and the rooftop solar subsidy Economy
- HFSS foods: FSSAI's draft limits and front-of-pack warning labels National