Part XV - Elections (Article 324 - 329A)

Part XV of the Constitution lays out certain provision related to the conduct of elections, including the appointment of an independent Election Commission. Part XV contains Article 324 to Article 329A. The Election Commission of India is setup by Article 324 of the Constitution of India. Election Commission of India is an autonomous constitutionally established federal authority responsible for administering all the electoral process in the Republic of India. The Election Commission was established on 25th January 1950. The Election Commission has the power of superintendence, direction and control of all elections to the office of the President and Vice President. 

Two additional commissioners were appointed to the Commission for the first time on 6th October 1989 but they had a very short tenure till 1st January 1990. Later on 1st October 1993, two additional Election Commissioners were appointed. The Chief Election Commissioner can be removed from his office by the Parliament with two-thirds majority in Lok Sabha and Rajya Sabha on the ground of proved misbehaviour or incapacity. Other Election Commissioners can be removed by the President on the recommendation of the Chief Election Commissioner. The Chief Election Commissioner and the two Election Commissioners draw salaries and allowances at par with those of the judges of Supreme Court of India. They have a tenure of six years or upto the age of 65 years whichever is earlier.

Parliament by law make provisions with respect to all matters relating to elections to Parliament and State Legislatures including the preparation of electoral rolls, the determination of constituencies and all other necessary matters. The election to the Lok Sabha and the Legislative Assembly of every state shall be held on the basis of adult suffrage. Validity of any law relating to determination of constituencies or the allotment of seats to various constituencies enacted by the Legislative shall not be questioned in any court. Elections to the parliament and the state legislatures can be reviewed only through the process of an election petition, which can be filed before the High Court. In respect to the elections for the offices of the presidents and the vice presidents such petition can only be filed before the Supreme Court. Nirvajan Sadan is the headquarters of Election Commission of India.

Elections (Article 324 - 329A)

Article 324: Superintendence, direction and control of elections to be vested in an Election Commission

Article 325: No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex

Article 326: Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage

Article 327: Power of Parliament to make provision with respect to elections to Legislatures

Article 328: Power of Legislature of a State to make provision with respect to elections to such Legislature

Article 329: Bar to interference by courts in electoral matters

Article 329A: Special provision as to elections to Parliament in the case of Prime Minister and Speaker