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How the Commission is set up, how its members are appointed and removed, what powers it holds over elections, and the cases on those powers.
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In brief
Article 324: Superintendence, direction, and control of preparation of electoral rolls and conduct of all elections to Parliament and State Legislatures vested in Election…
Article 324: Superintendence, direction, and control of preparation of electoral rolls and conduct of all elections to Parliament and State Legislatures vested in Election Commission of India.
In brief
CEC + such number of other ECs as President may fix (Article 324(2)).
CEC + such number of other ECs as President may fix (Article 324(2)). Appointed by President. The Chief Election Commissioner Act, 2023 changed the appointment process — selection committee (PM + Leader of Opposition + Cabinet Minister). This change (removing CJI from selection) is under judicial challenge.
In brief
Term: 6 years or 65 years — whichever is earlier.
Term: 6 years or 65 years — whichever is earlier. The CEC can be removed ONLY in the same manner as a SC judge — by impeachment process (Article 324(5)). Other ECs can be removed by President on recommendation of CEC. T.N. Seshan v. Union of India (1995): CEC and other ECs have equal powers; CEC has no veto.
In brief
Preparation and revision of electoral rolls Recognition of political parties; allotment of election symbols Model Code of Conduct enforcement (not statutory — based on Art.…
Preparation and revision of electoral rolls
Recognition of political parties; allotment of election symbols
Model Code of Conduct enforcement (not statutory — based on Art. 324 plenary power)
Setting election schedules; monitoring of elections
Disqualification of candidates for corrupt practices (on reference from President/Governor)
Advice on disqualification of MPs/MLAs under Articles 103 and 192
In brief
T.N. Seshan v. Union of India (1995): Equal powers of CEC and ECs; CEC has no veto Mohinder Singh Gill v. CEC (1978): Election Commission's superintendence powers are…
T.N. Seshan v. Union of India (1995): Equal powers of CEC and ECs; CEC has no veto
Mohinder Singh Gill v. CEC (1978): Election Commission's superintendence powers are plenary
Association for Democratic Reforms v. Union of India (2002): Candidates must disclose criminal antecedents, assets, educational qualifications — right to information is part of Art. 19(1)(a)
Lily Thomas v. Union of India (2013): Convicted MPs/MLAs disqualified from date of conviction — Section 8(4) RPA struck down
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↑ Module 3: Emergency, Special Provisions and Elections · All 25 topics in Constitutional and Administrative Law · Unit overview and sample MCQs
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