The Election Commission as a constitutional body

The Election Commission of India is a constitutional body, not a department of government. Article 324 vests in it the superintendence, direction and control of the preparation of electoral rolls and the conduct of elections to Parliament, State Legislatures, and the offices of President and Vice-President. That constitutional footing is meant to give it independence from the governments whose elections it conducts.

Its work covers the whole electoral cycle: preparing and revising electoral rolls, scheduling polls, supervising nominations and polling, counting votes, registering political parties and allotting symbols under law, monitoring election expenditure, and enforcing the Model Code of Conduct during elections. It also advises the President and Governors on disqualification questions for members of Parliament and state legislatures under Articles 103 and 192.

The Commission consists of the Chief Election Commissioner and such other Election Commissioners as the President fixes, appointed by the President subject to law made by Parliament. Since the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, appointments follow the procedure in that Act. The appointment process has been debated: the government has argued it provides a clear statutory framework, while critics have argued it reduces judicial involvement compared with an earlier Supreme Court direction and could affect perceived independence. The Commission itself has maintained that it acts impartially under the Constitution and election law.