Topic 01 of 6 · Chapter 13 · Indian Polity
Election Commission of India — Composition & Powers
Article 324, composition (CEC + 2 ECs), appointment, removal, independence, functions, and Model Code of Conduct.
📋 In This Article
1. Establishment of ECI
The Election Commission of India (ECI) is established under Article 324 of the Constitution. It is an independent constitutional body responsible for superintendence, direction, and control of elections to Parliament, State Legislatures, and the offices of President and Vice-President.
💡 Key Idea: The ECI is separate from the State Election Commissions (which conduct Panchayat and Municipality elections). The ECI is a national body; SECs are State bodies.
2. Composition
The ECI consists of:
- The Chief Election Commissioner (CEC)
- Such number of other Election Commissioners as the President may fix
- Currently: CEC + 2 Election Commissioners = 3 members
⭐ Exam Fact: Originally (1950-1989), the ECI had only the CEC. The 2nd and 3rd Election Commissioners were added in 1989. The ECI became a multi-member body. The CEC is the Chairman of the ECI.
3. Appointment and Removal
Appointment
- The CEC and Election Commissioners are appointed by the President
- The Constitution does not specify qualifications for appointment
- The Chief Election Commissioner (Amendment) Act, 2023 established a selection committee for appointment
Removal
- The CEC can be removed only by the same process as a Supreme Court judge — impeachment by Parliament (2/3 majority of total membership of each House)
- Other Election Commissioners can be removed on the recommendation of the CEC
📌 Note: The Chief Election Commissioner (Amendment) Act, 2023 changed the appointment process. A selection committee (PM, Home Minister, Leader of Opposition) now recommends appointments. This was challenged in the Supreme Court.
4. Independence of ECI
The Constitution provides several safeguards for ECI’s independence:
- CEC can be removed only by impeachment — very difficult process
- Service conditions of CEC cannot be varied to their disadvantage after appointment
- ECI is not subject to the control of any ministry or department
- ECI has its own secretariat
5. Functions of ECI
- Superintendence, direction, and control of elections to Parliament and State Legislatures
- Superintendence of elections to the offices of President and Vice-President
- Preparation and revision of electoral rolls
- Recognition of political parties and allotment of election symbols
- Enforcement of Model Code of Conduct
- Announcement of election schedule
- Appointment of election observers
- Adjudication of disputes regarding recognition of political parties
- Disqualification of candidates for corrupt practices
6. Model Code of Conduct
The Model Code of Conduct (MCC) is a set of guidelines issued by the ECI for political parties and candidates during elections. Key features:
- Comes into force from the date of announcement of election schedule
- Remains in force until the completion of the election process
- Prohibits use of government machinery for election campaigns
- Prohibits announcement of new schemes/policies by the ruling party
- Not a statutory document — but ECI enforces it through its powers under Article 324
✅ Remember: The MCC is not a law — it is a set of guidelines. However, the ECI can take action against violations under Article 324. The MCC has been in existence since 1960 (first used in Kerala elections).
7. Key Points for Exam
🔑 Must-Remember Facts
- ECI established under Article 324
- Composition: CEC + 2 Election Commissioners
- Appointed by President
- CEC removal: Same as SC judge (impeachment)
- Other ECs: Removed on CEC’s recommendation
- ECI conducts: Parliament, State Assembly, President, VP elections
- State Election Commission: Conducts Panchayat and Municipality elections
- Model Code of Conduct: Not a law; enforced under Article 324
- MCC first used: Kerala elections (1960)
- ECI became multi-member: 1989