Article 324 — Superintendence, Direction and Control of Elections

(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.

Source: Constitution of India, as published by the Ministry of Law and Justice.

Article 324 gives the Election Commission sweeping residual powers wherever parliamentary legislation is silent. In T. N. Seshan v. Union of India (1995), the Supreme Court upheld the Election Commission's authority to issue the Model Code of Conduct and take enforcement actions. The Election Commission's independence has been strengthened by judicial interpretation: in Anoop Baranwal v. Union of India (2023), a five-judge Constitution bench held that Chief Election Commissioners and Election Commissioners must be appointed by a committee including the PM, Leader of Opposition, and CJI, pending legislation — legislating a more independent appointment process.

• Article 325
• Article 326
• Article 327
• Article 329

Last reviewed: 1 July 2026