The Election Commission

In one line

Elections are run not by the government of the day but by a separate constitutional body, the Election Commission, which the Constitution gives wide power and only partial protection.

In the wording a student can write in an exam: article 324(1) vests the superintendence, direction and control of the preparation of electoral rolls and of the conduct of all elections to Parliament, to every State Legislature and to the offices of President and Vice-President in a Commission. That power is plenary, and in Mohinder Singh Gill v. Chief Election Commissioner the Court held that where the law is silent "Art. 324 is a reservoir of power" to push forward a free and fair election, though it "does not exalt the Commission into a law unto itself". Article 324(2) makes the Commission a body of the Chief Election Commissioner and such other Election Commissioners as the President may fix, and T.N. Seshan v. Union of India held that he is not superior to them but their Chairman. Article 324(5) protects him from removal except as a Supreme Court Judge is removed, and protects the others only through him.

Why the law has this at all

The obvious body to run an election is the executive: it has the officers, the police and the money. It is also the body with the strongest interest in the result, and every other safeguard is worthless if the party in office counts the votes.

The Constitution's answer is to take the business out of the executive and vest it in a body created by the Constitution and not by statute. Anoop Baranwal puts the reason bluntly: "There is a crucially vital link between the independence of the Election Commission and the pursuit of power, its consolidation and perpetuation." A pliable Commission "perhaps offers the surest gateway to acquisition and retention of power".

Of the eleven printed papers this book was built from, plan.json records the Election Commission as set six times, more than any other topic 10 question.

The provision

Article 324 is headed Superintendence, direction and control of elections to be vested in an Election Commission. Clause (1) is the grant: "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 shall be vested in a Commission (referred to in this Constitution as the Election Commission)."

Clause (2): the 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", appointed by the President "subject to the provisions of any law made in that behalf by Parliament".