Article 324 in Constitution of India

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 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: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 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).[Editorial comment- The Constitution (Nineteenth Amendment) Act, 1966, nullified the tribunals in India and instead gave the authority to the High Court to hear the trial of election petitions. The abolition of tribunals and the restoring of their powers to the High Court proved to be a turning point in the matters having a connection with elections in India. This made the High Court superior and their hold stronger. It also amended Article 324, subclause (1) and accordingly the Election Commission is given the authority to supervise, direct, and oversee elections.The Representation of the People Act of 1951 was also modified and it rendered the electoral tribunals’ appointment and authority null and void. A special provision concerning the ability to appoint election tribunals for the adjudication of uncertainties and issues coming out of or concerning elections to Parliament and the Legislatures of States was eliminated.]