PART XV - ELECTIONS
324 Superintendence, 1. Election Commission is vested with superintendence, direction and control of
direction and the preparation of the electoral rolls and the conduct of elections for
control of Parliament, State Legislature, President and Vice-President.
elections to be 2. Election Commission consists of CEC and other ECs. The number of other ECs is
vested in an fixed by President.
Election President appoint CEC and other ECs, subjected to Parliament law.
Commission. 3. When more than one SEC is appointed, then CEC act as chairman of Election
Commission.
4. President may appoint Regional Commissioners, after consultation with Election
Commission, for assisting the Election Commission in the functions conferred
under article 324(1). This appointment is done after every general election to
the LS and SLA and after every election to SLC.
5. President may decide the condition of service and tenure of office of ECs,
subjected to Parliament law.
CEC can be removed from his office in like manner and on the like ground as a
Judge of Supreme Court.
The condition of service of CEC shall not be varied to his disadvantage after his
appointment.
The other ECs or Regional Commissioners shall be removed only with the
recommendation of CEC.
6. President or Governor make available such staffs required for Election
Commission or to Regional Commissioner to discharge its function.
325 No person to be One general electoral roll for every territorial constituency for elections to LS, RS,
ineligible for SLA, SLC is available.
inclusion in, or to
claim to be A person shall not be ineligible for inclusion in electoral roll on ground only of race,
included in a religion, caste, sex or any of them.
special, electoral
roll on grounds of
religion, race,
caste or sex.
326 Elections to the The Election to the LS and SLA of every state, shall be on basis of adult suffarage.
House of the
People and to the Every person who is
Legislative
citizen of India and
Assemblies of
not less than 18 years of age and
States to be on
not disqualified under constitution or any law of appropriate legislature on
the basis of adult
the ground of non-residence, unsoundness of mind, crime or corrupt or
suffrage.
illegal practices
shall be entitled to register as voter .
327 Power of Parliament make law with respect to matters relating to elections of both house of
Parliament to Parliament or both house of legislature, subjected to provisions of constitution.
make provision
with respect to This law must include preparation of electoral rolls, the delimitation of
elections to constituencies and all other matters necessary for securing the due constitution of
Legislatures. such Houses.
328 Power of State legislature make law with respect to matters relating to elections of both
Legislature of a house of legislature, subjected to provisions of constitution. But it can make laws in
State to make such matters over which Parliament not made any provision.
provision with
respect to This law must include preparation of electoral rolls and all other matters necessary
elections to such for securing the due constitution of such Houses.
Legislature.
329 Bar to a. The validity of any law relating to
interference by the delimitation of constituencies or
courts in electoral the allotment of seats to such constituencies,
matters. made under article 327 or article 328, shall not be called in question in any
court.
b. The election to either House of Parliament or to either House of the
Legislature of a State shall not be called in question except by an election
petition presented to such authority.
Appropriate legislature will make law for prescribing the manner in which
petition is to be presented.
