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Article 324 and the Election Commission

In one line: Article 324 vests the superintendence, direction and control of electoral rolls and of elections to Parliament, State legislatures and the offices of President and Vice-President in the Election Commission.

What the Article says

The Commission consists of the Chief Election Commissioner and such other Election Commissioners as the President fixes. The CEC can be removed only in the manner and on the grounds of a Supreme Court judge. Article 325 provides one general roll per constituency without discrimination on religion, race, caste or sex, and Article 326 sets adult suffrage at 18.

How courts read it

In Mohinder Singh Gill v. Chief Election Commissioner (1978) the Supreme Court described Article 324 as a reservoir of power that the EC can use where the law is silent. The same line of cases says the EC must act within laws made by Parliament, not against them.

Why it is in the news

The EC's changes to Form 6 test that boundary: plenary power under Article 324 versus a statutory form under the 1960 Rules.

Where to go next

  • Representation of the People Act, 1950
  • Decision-making in a multi-member Election Commission

Article 324 and the Election Commission in the news

Previous-year questions on this

  1. 2026 · GS2 · 10 marks Is the right to vote a fundamental right? Discuss the position of the Election Commission of India while undertaking the revision of electoral rolls. Can it also examine the question of citizenship…
  2. 2017 · GS2 · 15 marks To enhance the quality of democracy in India the Election Commission of India has proposed electoral reforms in 2016. What are the suggested reforms and how far are they significant to make…
  3. 2017 · Prelims Right to vote and to be elected in India is a (a) Fundamental Right (b) Natural Right (c) Constitutional Right (d) Legal Right

Syllabus