Election Commission of India (Article 324): Composition, 2023 Appointment Law, Powers, Model Code and Reforms (UPSC Notes + PYQs)

Background

Elections in British India were narrow affairs: under the Government of India Act, 1935 only about a sixth of adults could vote, on the basis of property, tax and education. The Constituent Assembly chose universal adult franchise from day one, an unusual step for a poor, largely non-literate country. To run polls for about 17 crore voters, it created a single, central, independent body in Article 324 rather than leaving elections to the States. Sukumar Sen, the first Chief Election Commissioner, conducted the 1951-52 general election, with party symbols on separate ballot boxes so that voters who could not read could still choose.

Set-up

The Commission was formed on 25 January 1950, now celebrated as National Voters’ Day. It had only a Chief Election Commissioner until October 1989, when two more commissioners were added; the posts were abolished in January 1990 and restored in October 1993. Decisions are by majority. The Chief Electoral Officer in each State and the District Election Officer run the machinery on the ground. Local body elections are not its job: State Election Commissions (Articles 243K and 243ZA) handle them.

Appointment and removal

The Constitution left appointment to a law of Parliament. Until one existed, the President appointed on the Prime Minister’s advice. In Anoop Baranwal (March 2023) the Supreme Court said a panel of the PM, the Leader of Opposition and the CJI should advise until Parliament legislated. Parliament then passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023: a search committee shortlists, and a selection committee of the PM, the Leader of Opposition (or leader of the largest opposition party) and a Union Cabinet Minister chosen by the PM selects. Term: six years or until 65. The CEC can be removed only like a Supreme Court judge; other commissioners only on the CEC’s recommendation.

What it does

• Prepares and revises electoral rolls; issues EPIC (voter ID).
• Notifies schedules and conducts polls; deploys observers.
• Registers and recognises parties as national or State parties; allots symbols under the Symbols Order, 1968; decides disputes on splits.
• Enforces the Model Code of Conduct, a consensus code with no statute behind it, effective from announcement of the schedule.
• Advises the President or Governor on disqualification of legislators (Articles 103 and 192).

Technology and reforms

EVMs were first used in a by-election in Paravur, Kerala, in 1982; VVPAT slips were first used in Noksen, Nagaland, in 2013; NOTA came in 2013 after PUCL v Union of India. Live issues: neutrality and the appointment process, curbing money power (electoral bonds were struck down in ADR, February 2024), paid news, criminal candidates, and remote voting for migrants.

Constitutional provisions at a glance

The detailed law sits in the Representation of the People Acts of 1950 (rolls, delimitation of seats) and 1951 (conduct of elections, disqualifications, corrupt practices).

Judgments and committees

• Mohinder Singh Gill (1978): Article 324 is a reservoir of power where the law is silent, but must be used fairly.
• T.N. Seshan v Union of India (1995): upheld the multi-member Commission and majority decisions.
• ADR (2002) and PUCL (2003): candidates must disclose criminal record, assets and education.
• Lily Thomas (2013): sitting legislators convicted for two years or more lose their seat at once.
• Committees: Dinesh Goswami (1990) on electoral reform and State funding; Indrajit Gupta (1998) on State funding; Law Commission’s 170th (1999) and 255th (2015) reports.

Way forward

Give the CEC and Election Commissioners equal protection from removal; create an independent secretariat with its own budget charged on the Consolidated Fund; give statutory backing to parts of the Model Code that are routinely flouted; strengthen expenditure monitoring; and pilot remote voting for domestic migrants after building consensus. Public trust is the ECI’s real capital, so transparency on decisions like roll revisions matters as much as legal powers.

PYQ trend

Prelims tests the basics: membership, who conducts local polls, the CEC’s powers on election disputes. Mains asked about electoral reforms and ONOE (2024) and about the ECI’s role in revising electoral rolls and the right to vote (2026). Expect questions on appointment law and roll revisions.

Election Commission Of India: UPSC angle

Election Commission Of India UPSC PYQs (Prelims)

Questions UPSC has actually asked, from the official papers. Pick an option to check yourself.

Mains PYQs on this topic

Questions from the official UPSC Mains papers (2023-2026 in the Battle IAS Mains bank), newest first. Each links to a model answer.

1. UPSC Mains 2026 · GS Paper II · Q4 · 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 of voters?

   Model answer and approach

2. UPSC Mains 2024 · GS Paper II · Q1 · 10 marks

   Examine the need for electoral reforms as suggested by various committees with particular reference to “one nation — one election” principle.

   Model answer and approach

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