Article 324 of the Costitution of India with Case law
🇮🇳 Article 324 of the Constitution of India
Subject: Superintendence, direction and control of elections
🔹 Bare Text of Article 324:
“(1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution shall be vested in a Commission (referred to in this Constitution as the Election Commission).
(2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix, and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.
(3) When any other Election Commissioner is so appointed, the Chief Election Commissioner shall act as the Chairman of the Election Commission.
(4) The conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be such as the President may by rule determine:
Provided that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment.
(5) The President, or the Governor of a State, shall, when so requested by the Election Commission, make available to the Election Commission such staff as may be necessary for the discharge of its functions.
(6) The Election Commission shall have power to supervise the conduct of elections and take all necessary steps to ensure free and fair elections.”
🧩 Explanation:
Article 324 vests exclusive powers in the Election Commission of India (ECI) to conduct and supervise elections in India.
| Element | Description |
|---|---|
| Applies To | Elections for Parliament, State Legislatures, President, and Vice President |
| Authority | Election Commission of India (ECI) |
| Appointing Authority | President of India |
| Security of Tenure | CEC removable only like a Supreme Court judge |
| Purpose | To ensure free, fair, and impartial elections |
🧑⚖️ Important Case Laws on Article 324:
🔸 1. S.S. Dhanoa v. Union of India (1991) Supp (1) SCC 65
Issue: Independence and status of the Chief Election Commissioner.
Held: The CEC is not subordinate to the Government and enjoys protection similar to a Supreme Court judge under Article 324(4).
🔸 2. Mohinder Singh Gill v. Chief Election Commissioner, AIR 1978 SC 851
Key Principle:
“All powers necessary for the smooth conduct of elections are inherent in the Election Commission under Article 324.”
The Court held that Article 324 is a plenary power and fills in gaps where the law is silent.
🔸 3. T.N. Seshan v. Union of India, (1995) 4 SCC 611
Issue: Whether the Chief Election Commissioner is superior to other Election Commissioners.
Held: The CEC is only the “first among equals”, and decisions are to be taken collectively by the full Election Commission.
🔸 4. Association for Democratic Reforms v. Union of India, AIR 2002 SC 2112
Held: ECI under Article 324 can issue directions to ensure transparency in elections, including disclosure of candidates’ criminal, educational, and financial background.
🔸 5. People's Union for Civil Liberties (PUCL) v. Union of India, AIR 2003 SC 2363
The SC held that the “None of the Above (NOTA)” option is part of free expression in elections. The ECI can implement such reforms under Article 324.
🔸 6. Election Commission of India v. Dr. Subramanian Swamy, (1996) 4 SCC 104
Reiterated: ECI has residuary powers under Article 324 and can act where law is silent or ambiguous.
🗳️ Functions of the Election Commission under Article 324:
| Function | Example |
|---|---|
| Supervise elections | Parliament, State Assemblies, President, Vice-President |
| Prepare electoral rolls | Revision and inclusion/exclusion of names |
| Issue election guidelines | Code of Conduct, model polling stations |
| Countermand elections | In case of rigging or large-scale irregularities |
| Recognize political parties | Assign election symbols |
📌 Key Takeaways:
| Point | Detail |
|---|---|
| Nature of Power | Plenary and enabling, not limited to statute |
| Power Limitations | Subject to laws made by Parliament |
| Purpose | Ensure free and fair elections |
| Independence | Protected tenure for CEC; constitutional safeguards |
| Judicial Recognition | Repeatedly upheld by Supreme Court for reforms and neutrality |
🧭 Related Articles:
| Article | Subject |
|---|---|
| 326 | Elections based on adult suffrage |
| 327 | Power of Parliament to make laws with respect to elections |
| 328 | Power of State Legislatures for state elections |
| 329 | Bar to interference by courts in electoral matters |
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