Question

Which Article deals with the Election Commission of India?

• A. Article 280
• B. Article 324
• C. Article 356
• D. Article 370

Answer 1

Answer:

B. Article 324

Overview of Article 324

• Constitutional Provision: Article 324 of the Indian Constitution vests the power of superintendence, direction, and control of elections to Parliament, State Legislatures, and the offices of President and Vice-President in the Election Commission of India (ECI).
• Part XV: This Article is contained within Part XV of the Constitution, which is specifically dedicated to Elections (Articles 324 to 329).

Composition and Appointment

• Structure: Originally, the ECI was a single-member body. It became a multi-member body in 1993, consisting of one Chief Election Commissioner (CEC) and two Election Commissioners.
• Appointment: As per the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, and recent legislative amendments, the CEC and Election Commissioners are appointed by the President of India.
• Tenure: The CEC and Election Commissioners hold office for a term of 6 years or until they attain the age of 65 years, whichever is earlier.

Powers and Independence

• Independent Body: The ECI is an independent constitutional authority. The CEC can only be removed from office in a manner similar to a judge of the Supreme Court of India.
• Administrative Role: The commission is responsible for the preparation of electoral rolls, the conduct of elections, and the recognition of political parties.
• Quasi-Judicial Functions: The ECI exercises quasi-judicial powers when it settles disputes regarding the recognition of political parties and the allocation of election symbols.
• Code of Conduct: The Model Code of Conduct (MCC) is enforced by the ECI to ensure free and fair elections, though it does not have direct statutory backing but derives its authority from the constitutional mandate under Article 324.