324. Superintendence, direction and control of elections to be vested
in an Election Commission.—
(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 1*** 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) Before each general election to the House of the People and to the
Legislative Assembly of each State, and before the first general election and
thereafter before each biennial election to the Legislative Council of each State
having such Council, the President may also appoint after consultation with the
Election Commission such Regional Commissioners as he may consider
necessary to assist the Election Commission in the performance of the
functions conferred on the Commission by clause
(1).
(5) Subject to the provisions of any law made by Parliament, 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:
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1. The words "including the appointment of election tribunals for the decision of doubts
and disputes arising out of or in connection with elections to Parliament and to the
Legislatures of States" omitted by the Constitution (Nineteenth Amendment)
Act, 1966, s. 2 (w.e.f. 11-12-1966).
186
187 THE CONSTITUTION OF INDIA
(Part XV.—Elections)
Provided further that any other Election Commissioner or a Regional
Commissioner shall not be removed from office except on the recommendation
of the Chief Election Commissioner.
(6) The President, or the Governor 1*** of a State, shall, when so
requested by the Election Commission, make available to the Election
Commission or to a Regional Commissioner such staff as may be necessary for
the discharge of the functions conferred on the Election Commission by
clause
(1).
