Cheatsheet
Election Commission of India: Articles 324 to 329 and the 2023 Appointment Act
Constitutional Law
Constitutional Law
Election Commission of India: Articles 324 to 329 and the 2023 Appointment ActFrom The Constitution of India
The Election Commission controls electoral rolls and the conduct of elections to Parliament, State Legislatures, and the offices of President and Vice-President. Its members are appointed on a Selection Committee's recommendation for six years or until 65, and election results can be challenged only by an election petition.
7 steps · 0 deadlines · checked against the Act on 2026-09-29
Step by step
- 1
Vesting of Electoral Control in the Election Commission
Superintendence, direction, and control of electoral rolls and election conduct for Parliament and State Legislatures are vested in the Election Commission.
“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”
- 2
Preparation of Single General Electoral Rolls
A single general electoral roll is prepared for every territorial constituency without discrimination based on religion, race, caste, or sex.
“no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency”
- 3
Registration of Voters Based on Adult Suffrage
Elections are held on the basis of adult suffrage, entitling every Indian citizen aged eighteen or older to register as a voter.
“The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage”
- 4
Parliamentary Legislation on Electoral Conduct and Delimitation
Parliament enacts laws regarding all election matters, including electoral roll preparation, constituency delimitation, and the constitution of legislative Houses.
“Parliament may from time to time by law make provision with respect to all matters relating to, or in connection with, elections to either House of Parliament”
- 5
State Legislative Provision for State Elections
State Legislatures may legislate on election matters for State Houses, provided Parliament has not already made provision.
“in so far as provision in that behalf is not made by Parliament, the Legislature of a State may from time to time by law make provision”
- 6
Bar on Judicial Challenges to Delimitation Laws
Courts cannot question the validity of delimitation laws or seat allotment made under Article 327 or Article 328.
“the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies”
- 7
Filing Election Petitions for Electoral Disputes
No election to Parliament or a State Legislature may be called in question except through an election petition presented to the designated authority.
“no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition”
Key amounts
- Who selects the members
- Prime Minister (Chairperson), Leader of Opposition in the Lok Sabha, a Union Cabinet Minister nominated by the Prime Minister
- CEC Act 2023 Section 7 →
- Removing the Chief Election Commissioner
- Only in the manner and on the grounds that apply to a Supreme Court Judge
- Article 324 →
- Removing other Election Commissioners
- Only on the Chief Election Commissioner's recommendation
- CEC Act 2023 Section 11 →
Sections at a glance
| Subject | Provision |
|---|---|
| Vesting of Superintendence, Direction, and Control of Elections in the Election Commission | Article 324 → |
| Appointment and Composition of the Election Commission by the President | Article 324 → |
| Security of Tenure and Removal Grounds for the Chief Election Commissioner | Article 324 → |
| Appointment of Regional Commissioners to Assist the Election Commission | Article 324 → |
| Preparation of Single General Electoral Roll Without Discrimination | Article 325 → |
| Elections to the House of the People and State Assemblies Based on Adult Suffrage | Article 326 → |
| Power of Parliament to Make Law Respecting Elections to Legislatures | Article 327 → |
| Power of State Legislature to Make Provision Respecting State Elections | Article 328 → |
| Bar on Judicial Review of Laws Relating to Delimitation and Seat Allotment | Article 329 → |
| Requirement of Election Petition to Challenge Parliamentary or State Elections | Article 329 → |
| Selection Committee for appointing the Chief and other Election Commissioners | CEC Act 2023 Section 7 → |
| Term of office and bar on re-appointment | CEC Act 2023 Section 9 → |
| Resignation and removal of Election Commissioners | CEC Act 2023 Section 11 → |