Election Commission of India: Powers, Functions & Composition
Who sits on the Commission, what it can legally do and where its authority stops. This guide is updated with the 27 May 2026 SIR verdict and the 23 September 2026 split verdict on the appointment law.
On 23 September 2026, two Supreme Court judges read the same law on appointing Election Commissioners and could not agree on how many judges should hear the challenge to it. That one disagreement shows why Election Commission of India powers, functions and composition are never a one-read topic for UPSC. The static portion stays stable, but the live questions keep moving.
Let's be honest about how most aspirants handle this chapter. You memorise Article 324, note "CEC plus two ECs" and move on. Then a statement-based question separates de-recognition from de-registration, or a Mains question asks you to weigh independence against parliamentary power, and the marks slip away.
At Legacy IAS Academy, we ask aspirants to keep three questions apart. Who runs the Commission? What legal authority does it hold? What work does it do? This guide follows that order, and it fits directly into the GS Paper II syllabus.
Where the Election Commission Sits in the Constitution
The Election Commission of India (ECI) is a permanent constitutional body, established on 25 January 1950. Part XV of the Constitution (Articles 324–329) forms its base. If you are still building your foundation, begin with our Indian Polity notes.
| Article | Provision | Remember It As |
|---|---|---|
| 324 | Superintendence, direction and control of electoral rolls and elections | Source of the ECI's authority |
| 325 | No exclusion from the electoral roll on grounds of religion, race, caste or sex | One general roll |
| 326 | Elections on the basis of adult suffrage | Voting age 18 (61st Amendment) |
| 327 | Parliament's power to legislate on elections | Basis of the RP Acts of 1950 and 1951 |
| 328 | State Legislature's power to legislate on its own elections | Subject to Parliament's law |
| 329 | Bar on court interference in electoral matters | Challenge through an election petition |
Composition of the Election Commission of India
Article 324(2) says the Commission consists of the Chief Election Commissioner and such other Election Commissioners as the President may fix from time to time. The Constitution therefore does not fix the number. That is why the ECI's size changed without a constitutional amendment.
| Period | Structure | What Happened |
|---|---|---|
| 1950–1989 | CEC only | Single-member body for nearly four decades |
| October 1989–January 1990 | CEC + 2 ECs | First expansion, reversed within months |
| 1990–1993 | CEC only | Back to a single-member body |
| Since 1 October 1993 | CEC + 2 ECs | Multi-member structure that continues today |
In T.N. Seshan v. Union of India (1995), the Supreme Court upheld the multi-member Commission and treated the CEC and ECs as equals in decision-making. The Commission decides unanimously where possible, and the majority view prevails if members differ. Gyanesh Kumar, the 26th CEC, currently heads the Commission, with Sukhbir Singh Sandhu and Vivek Joshi as Election Commissioners.
Appointment: Three Regimes in One Table
The Constitution left the appointment process open "subject to" any law made by Parliament. For more than seven decades, no such law existed. Then the position changed twice within a year.
| Stage | Who Selected | Key Point |
|---|---|---|
| Before March 2023 | President, on the government's advice | No statutory selection panel |
| Anoop Baranwal (2 March 2023) | PM + Leader of Opposition + Chief Justice of India | Norm to hold until Parliament made a law |
| 2023 Act (in force) | PM (Chair) + Leader of Opposition + Union Cabinet Minister nominated by the PM | Law Minister-led Search Committee proposes five names; the panel may look beyond them |
Eligibility, Tenure and Salary
- Eligibility: The Constitution prescribes no qualifications. The 2023 Act requires persons of integrity with election-management knowledge and experience, who hold or have held a post equivalent to Secretary to the Government of India.
- Tenure: Six years or until age 65, whichever comes first, with no reappointment. An EC elevated to CEC cannot serve more than six years in total.
- Salary: Equal to that of a Supreme Court Judge. The 2023 Bill first proposed Cabinet Secretary parity, but amendments reversed this before the law was passed.
- Regional Commissioners: Under Article 324(4), the President may appoint them before a general election, after consulting the ECI.
Removal: The Asymmetry UPSC Likes
| Point | Chief Election Commissioner | Election Commissioner |
|---|---|---|
| Source | First proviso to Article 324(5) | Second proviso to Article 324(5) |
| Procedure | Same manner and grounds as a Supreme Court Judge | By the President, only on the CEC's recommendation |
| Parliament's role | Special majority in both Houses | None |
| Protection level | Very high | Comparatively weak |
Compare this with the wider principle of insulating institutions from the executive, which we cover in our note on Article 50 and the separation of the judiciary from the executive. Linking such themes is what lifts a GS-II answer above a list of facts.
Election Commission of India Powers: Three Categories
Sort every power into one of three boxes. This single habit gives your Mains answer a clean structure and helps you eliminate wrong statements in Prelims.
1. Administrative Powers
- Supervise the preparation and revision of electoral rolls
- Notify the election schedule and manage polling arrangements
- Register political parties under Section 29A of the RP Act, 1951
- Grant recognition to parties and allot symbols
- Appoint observers and monitor candidate expenditure
- Enforce the Model Code of Conduct
2. Advisory Powers
- Give its opinion on the disqualification of sitting MPs and MLAs under Articles 103 and 192. The President or Governor must act on it.
- Advise on whether elections can be held in a State under President's Rule, where extension beyond one year is in question under Article 356(5).
3. Quasi-Judicial Powers
- Decide symbol disputes between rival groups of a recognised party under the Election Symbols (Reservation and Allotment) Order, 1968
- Withdraw recognition from parties that no longer meet the prescribed criteria
- Disqualify candidates who fail to lodge election expense accounts as required by law
How Far Does Article 324 Go?
In Mohinder Singh Gill v. CEC (1978), the Supreme Court read Article 324 as a reservoir of power for situations the law does not cover. The limit matters just as much. In A.C. Jose v. Sivan Pillai (1984), the Court held that the ECI cannot act against existing law, so plenary power works only where the law is silent.
The best answers state both halves together: Article 324 fills gaps, but it cannot override enacted law. Quoting only "reservoir of power" gives the examiner half the doctrine.
Functions of the Election Commission
Powers describe legal authority, while functions describe the work. The ECI conducts elections to Parliament, State Legislatures and the offices of the President and Vice-President.
- Electoral rolls: Supervising their preparation, revision and accuracy, including special revisions under Section 21(3) of the RP Act, 1950.
- Election conduct: Managing the process from notification to the declaration of results.
- Party regulation: Handling registration, recognition and symbols.
- Level playing field: Applying the Model Code of Conduct and monitoring expenditure.
- Voting technology: Overseeing the deployment of EVMs and VVPATs.
- Voter awareness: Running voter education through SVEEP.
The ECI does not conduct Panchayat or Municipal elections. State Election Commissions handle those under Articles 243K and 243ZA, as explained in our notes on Local Self Government.
Model Code of Conduct
The MCC has no statute of its own. It grew from party consensus, beginning with the Kerala elections of 1960, and the ECI applies it from the announcement of the election schedule. Many violations also attract the RP Act, 1951 or criminal law, which is where legal consequences arise.
Latest Developments You Must Track
We know how tiring it feels when a "static" topic keeps changing. You do not need every headline, though. For this chapter, these developments matter most, and you can follow new ones through our Daily Current Affairs and Polity and Constitution updates.
Special Intensive Revision (SIR) Verdict
- On 27 May 2026, the Supreme Court upheld the SIR of electoral rolls, grounding the ECI's power in Article 324 and Section 21(3) of the RP Act, 1950.
- The Court also held that Aadhaar is not proof of citizenship and that the SIR itself does not determine citizenship.
- Phase III began on 30 May 2026 and covers 16 States and 3 Union Territories, with about 36.73 crore electors.
The 2023 Act Before the Supreme Court
- On 23 September 2026, Justice Dipankar Datta held that no reference to a larger Bench was needed, while Justice Satish Chandra Sharma held that one was.
- The Bench placed the matter before the Chief Justice of India to consider a Constitution Bench.
- The Court has not ruled on the Act's validity, so the Act remains in force.
- In October 2026, a recall application was mentioned against the verdict, and a separate petition challenged the current appointments.
Removal Notices Against the CEC
In March 2026, 193 Opposition MPs (130 in the Lok Sabha and 63 in the Rajya Sabha) gave notices seeking the CEC's removal, the first such attempt. The Speaker and the Rajya Sabha Chairman refused to admit them on 6 April 2026. On 24 April, 73 Rajya Sabha MPs submitted a fresh notice. For Mains, focus on the constitutional procedure and let the political claims stay secondary.
Independence of the Election Commission: Both Sides
UPSC rewards balance on this question, and the law is still unsettled. Present both sides fairly, then give a reasoned way forward.
| Case for the 2023 Framework | Case Against the 2023 Framework |
|---|---|
| Article 324(2) expressly allows Parliament to legislate on appointments | The PM and a minister nominated by the PM form a 2:1 government majority |
| Anoop Baranwal said its norm would last only until Parliament made a law | The Leader of Opposition can always be outvoted |
| The Centre argues that independence does not depend on a judicial member on the panel | Section 8 lets the panel consider names beyond the Search Committee's list |
| The Centre also points to the constitutional protection built into the CEC's office | Critics argue that public confidence depends on how members are chosen |
An examiner does not want your verdict on a pending case. They want to see that you can state the constitutional question precisely and argue both sides with authority. — Legacy IAS Faculty
Reform Proposals to Quote
- Equal removal protection: The Law Commission's 255th Report recommended constitutional protection for all members of the ECI.
- Permanent secretariat: The ECI has sought this since at least 1998, and Anoop Baranwal repeated the appeal.
- Charged expenditure: The ECI's administrative expenditure is voted. Moving it to the Consolidated Fund of India is a long-standing demand.
- Selection reform: Reform proposals since the Dinesh Goswami Committee (1990) have sought wider consultation in appointments.
Prelims Traps and Mains Framing
Seven Traps to Avoid
- Number of members: The Constitution does not fix it.
- Search Committee head: The Law Minister, not the Cabinet Secretary, as the Bill first proposed.
- Salary benchmark: A Supreme Court Judge, not the Cabinet Secretary.
- Expenditure: The ECI's administrative expenditure is voted, not charged.
- De-recognition vs de-registration: The ECI can withdraw recognition, but Indian National Congress (I) v. Institute of Social Welfare (2002) sharply limits its power to de-register a party.
- Campaign silence: The 48-hour silence period comes from Section 126 of the RP Act, 1951, not from the non-statutory MCC.
- Delimitation: The Delimitation Commission draws constituency boundaries under Parliament's law. It is a separate body, though the CEC or a nominated EC serves on it.
Test yourself with our Daily Static Quiz, and check how UPSC frames such statements in our subject-wise PYQs. The Prelims syllabus will help you place this topic within Polity.
Practice Question
"The independence of the Election Commission depends as much on how its members are selected as on the protections they enjoy after appointment." Critically examine. (15 marks, 250 words)
- Introduction: Open with Article 324 and the link between free and fair elections and the basic structure.
- Protections after appointment: Cover tenure, the CEC's removal procedure and the bar on varying the CEC's service conditions to their disadvantage.
- Selection: Trace the path from executive advice to Anoop Baranwal to the 2023 Act, and note the pending challenge.
- Counterview: Cover Parliament's power under Article 324(2) and the Commission's operational record.
- Way forward: Discuss the removal asymmetry, a permanent secretariat and charged expenditure. Conclude with the need to protect both the fact and the perception of independence.
Writing this once matters more than reading it thrice. Try more questions in our Mains Practice Questions, or test yourself under exam conditions through the Mains Test Series.
Where to Read More
- Election Commission of India (Article 324): Explained, for a detailed note and global comparison
- Election Commission of India: UPSC CSE Notes, for structured revision and diagrams
- Best Books for UPSC, for your standard GS reading list
Frequently Asked Questions
Has the Supreme Court struck down the 2023 Act on Election Commissioners?
No. The 23 September 2026 split concerned whether a larger Bench should hear the challenge. The Act remains in force, and its validity is undecided.
Are the CEC and Election Commissioners equal?
In decision-making, yes. T.N. Seshan (1995) treated them as equals, and the majority view prevails when they differ. Their removal protection differs, however, because an EC can be removed on the CEC's recommendation without any parliamentary process.
Is the Model Code of Conduct legally enforceable?
The MCC is not a statute. The ECI applies it through its authority under Article 324. When a violation also breaches the RP Act, 1951 or criminal law, those laws supply the legal consequences.
Does the ECI conduct Panchayat elections?
No. State Election Commissions conduct Panchayat and Municipal elections under Articles 243K and 243ZA.
What did the Supreme Court decide on the SIR?
On 27 May 2026, it upheld the ECI's power to conduct the SIR under Article 324 and Section 21(3) of the RP Act, 1950. It also clarified that Aadhaar is not proof of citizenship and that the SIR itself does not determine citizenship.
Ready to begin? Legacy IAS offers both Classroom and Online batches across Bengaluru and pan-India.
Key Takeaways
- Revise this chapter in three separate boxes: composition, powers and functions.
- Pair Mohinder Singh Gill with A.C. Jose whenever you discuss the scope of Article 324.
- Learn the final 2023 Act, not the Bill: a Law Minister-led Search Committee and Supreme Court Judge salary parity.
- Write that the 2023 Act is in force but under challenge, and check for updates before your exam.
- Use the SIR verdict of 27 May 2026 as your current example of the ECI's power over electoral rolls.
- Practise one 250-word answer on independence that argues both sides before giving a way forward.
