Question

3. Consider the following statements on Article 324 of the Constitution:

1. Article 324 vests the superintendence, direction, and control of elections to Parliament and State Legislatures in the Election Commission.

2. The President appoints the Chief Election Commissioner and Election Commissioners based on recommendations of a selection committee consisting of the PM, Leader of Opposition, and Chief Justice of India (CJI).

3. Only the Chief Election Commissioner acts as chairman and has veto power over other Commissioners.

Which of the statements given above is/are correct?

• A. 1 and 2 only
• B. 1 only
• C. 2 and 3 only
• D. 1 and 3 only

Answer 1

Answer:

B. 1 only

Article 324 of the Indian Constitution

• Mandate: Article 324 empowers the Election Commission of India (ECI) with the authority for superintendence, direction, and control of the preparation of electoral rolls for, and the conduct of, all elections to Parliament and to the Legislatures of every State and to the office of President of India and the Vice-President of India.
• Composition: 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.
• Appointment Process (Amended):
• Initially, appointments were solely made by the President.
• However, a significant change occurred with the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Tenue of Office) Act, 2023.
• As per the new Act, the appointment committee includes the Prime Minister, the Leader of the Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the President.
• Crucially, the recommendation of the Selection Committee (comprising the Prime Minister, Leader of Opposition, and a Union Cabinet Minister) is now required for the President's appointment. The Chief Justice of India is no longer part of this selection committee.
• Powers of the Chief Election Commissioner (CEC):
• The CEC and the other Election Commissioners (ECs) have equal powers in the conduct of election matters.
• The CEC does not have a veto power over the decisions of the other Election Commissioners.
• The CEC acts as the chairman of the Election Commission.
• Decisions are made by majority vote if there are differences of opinion among the Commissioners.
• Relevance for Competitive Exams: Understanding the constitutional provisions related to elections and the ECI's powers is crucial for exams like UPSC Civil Services, State PSCs, and others covering Indian Polity. Pay close attention to amendments and recent legislative changes affecting appointment processes and powers.

Analysis of the Statements:

• Statement 1: This statement is correct as it accurately reflects the constitutional mandate of the Election Commission under Article 324.
• Statement 2: This statement is incorrect due to the recent amendment. The Chief Justice of India is no longer part of the selection committee for appointing the CEC and ECs.
• Statement 3: This statement is incorrect because the CEC does not possess veto power, and all Commissioners have equal powers.