# Election Commission of India — Article 324, Anoop Baranwal & the 2023 Appointment Act Source: https://tracknation.in/story/election-commission-of-india-article-324-anoop-baranwal-the-2023-appointment-act (TrackNation — free UPSC notes with PYQs) > UPSC notes on the Election Commission: Article 324's scope, composition history from a single member (1950) to three (1993-present), conditions of service and the asymmetric independence between the CEC and other Commissioners, the Anoop Baranwal case (2023) and the appointment process actually in force today under the 2023 CEC/EC Appointment Act (with the pending constitutional challenge), and the Commission's administrative/advisory/quasi-judicial powers and election-day machinery — every Arti ## Constitutional Basis & Composition History 🎯 **Exam priority: Important.** *The appointment process changed materially in 2023 — Parliament legislated over the Supreme Court's interim **Anoop Baranwal** formula, and that new law is itself under constitutional challenge today. Learn BOTH the original Court-mandated committee and the current, operative one — examiners increasingly test the sequence, not just the end state.* **Article 324** vests the "superintendence, direction and control" of elections to **Parliament, every state legislature, and the offices of President and Vice-President** in the **Election Commission (EC)** — a permanent, independent body common to both the Centre and every state (an **All-India body**). It has **no role in panchayat or municipal elections** — those fall to each state's own **State Election Commission** (added by the 73rd/74th Amendments, 1992) instead. ## Composition — from a One-Member Body to Three - Article 324 fixes only the outline: a **Chief Election Commissioner (CEC)** plus as many other Election Commissioners as the **President** decides to appoint from time to time; if others are appointed, the CEC becomes the Commission's **chairman**. The President may also name **Regional Commissioners** (after consulting the EC) to help out. - **History:** the EC ran as a **single-member body** (just the CEC) from its **1950** inception until **15 October 1989**. On **16 October 1989**, two more Commissioners were added to cope with the extra workload from the voting age dropping **21→18** (61st Amendment, 1988, in force 1989) — but both new posts were **abolished again in January 1990**. In **October 1993**, two more Commissioners were appointed once more, and the EC has functioned as a **three-member body** ever since. ## Conditions of Service, Tenure & Independence Once appointed, a Commissioner's service conditions are largely equal — but the Constitution protects the CEC's job far more firmly than the other two. ## Conditions of Service & Tenure - The **Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991** gives the CEC and the two other Commissioners **equal powers, salary and perquisites** — matching a **Supreme Court judge's** (₹2.5 lakh/month as of 2018). On a disagreement, the Commission decides **by majority**. Term: **6 years, or until age 65**, whichever comes first; a Commissioner may resign by writing to the President. - **Independence — but unevenly distributed:** the **CEC** has genuine **security of tenure** — removable only exactly like a Supreme Court judge (a special-majority Parliamentary resolution, on proved misbehaviour or incapacity), and service conditions can't be worsened after appointment. The **other two Commissioners**, though, can be removed **only on the CEC's own recommendation** — meaning they lack the CEC's independent protection entirely, a genuine constitutional asymmetry. - Even after these safeguards, three real gaps remain: the Constitution prescribes **no qualifications** at all (legal, educational, administrative or judicial) for a Commissioner; it **doesn't fix a term** directly (Parliament/the President does, by ordinary law); and it places **no bar** on a retired Commissioner taking up a further government appointment. ## The Anoop Baranwal Case & the Current Appointment Law How Commissioners actually get appointed became one of Polity's most current, fast-moving topics in 2023 — and it's still unsettled today. ## The Anoop Baranwal Case (2023) & the Current Appointment Law - In **Anoop Baranwal v. Union of India (2023)**, the Supreme Court — finding no Parliamentary law existed to regulate CEC/EC appointments, as Article 324 itself contemplates — directed that, **until Parliament legislates**, appointments should follow the recommendation of a **three-member committee**: the **Prime Minister**, the **Leader of the Opposition** in the Lok Sabha (or the largest Opposition party's leader, if there's no recognised LoP), and the **Chief Justice of India**. It also said other Commissioners should ideally be removable only like the CEC, subject to the CEC's recommendation as Article 324 already requires. - Parliament then *did* legislate — the **Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023** — and this is the law that actually governs appointments **today**. It keeps the three-member selection committee, but swaps out the CJI: the committee is now the **Prime Minister (chair)**, a **Union Cabinet Minister nominated by the Prime Minister**, and the **Leader of the Opposition** — with a separate **search committee, headed by the Law Minister**, first shortlisting five names for the selection committee to choose from. - This CJI-for-a-PM-nominee swap is under direct **constitutional challenge** in the Supreme Court (petitioners include Congress leader Jaya Thakur and the Association for Democratic Reforms), arguing that free and fair elections are part of the Constitution's **basic structure** and that concentrating appointment power entirely in the executive undermines it. As of **30 July 2026**, the Court has **reserved judgment** on the narrower question of whether to refer the case to a larger Constitution Bench — so the 2023 Act remains the operative law for now, with the core independence question still unresolved. ## Powers, Functions & Election Machinery Day to day, the Commission's own powers — and the machinery it commands right down to each polling booth — are what actually deliver an election. ## Powers & Functions — Administrative, Advisory, Quasi-Judicial - **Administrative:** fixing constituency boundaries (via the Delimitation Commission Act — Parliament has passed these in 1952, 1962, 1972 and 2002); preparing/revising electoral rolls; notifying election dates and schedules and scrutinising nominations; recognising political parties and allotting symbols, then registering them as **national or state parties** based on poll performance; framing the **Model Code of Conduct**; requisitioning staff from the President/Governor; and cancelling a poll for rigging, booth-capturing or violence. - **Advisory:** advising the **President** on disqualification of **MPs** (Article 103) and the **Governor** on disqualification of **MLAs** (Article 192); and advising the President on whether elections can be held in a state under President's Rule, when the Centre wants to extend it beyond one year. - **Quasi-Judicial:** acting as a **court** to settle disputes over recognising a political party or allotting it a symbol. - **Machinery:** the EC is assisted centrally by **Deputy Election Commissioners** (career civil servants, tenure-appointed); at the state level by a **Chief Electoral Officer** (CEC-appointed, in consultation with the state government); and at the district/booth level, the **District Collector doubles as District Returning Officer**, appointing a **Returning Officer** per constituency and a **Presiding Officer** per polling booth. The Commission's own stated vision is to be an "Institution of Excellence" delivering free, fair and transparent elections while deepening trust in electoral democracy. ## Further Reading - Standard NCERT-level texts and reference books on the Indian Constitution and Polity (any UPSC reading list). - The Constitution of India (Bare Act) — Article 324; the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. ## Why UPSC Asks This - The 1989→1990→1993 composition flip-flop is a classic "sequence the events" trap — know which years added/removed Commissioners. - The asymmetric removal protection — CEC like a Supreme Court judge, other Commissioners only on the CEC's recommendation — is one of the most-repeated distinctions in this chapter. - Anoop Baranwal → the 2023 Act → the pending challenge is exactly the kind of live, evolving current-affairs thread UPSC has leaned into recently — know the sequence, not just one snapshot. ## Test Yourself: Practice Questions & PYQs Election Commission practice — composition history, conditions of service and asymmetric independence, the Anoop Baranwal case and the current 2023 appointment law, and the administrative/advisory/quasi-judicial powers. Then Prelims-pattern PYQs. ## Practice Questions **Q1.** The Election Commission of India does NOT conduct elections to: - (a) The office of President - (b) State Legislative Assemblies - (c) Panchayats and Municipalities - (d) The Lok Sabha **Answer: (c)** — Panchayat/municipal elections are conducted by each state's own State Election Commission, not the (national) Election Commission. **Q2.** Who decides the number of Election Commissioners (beyond the Chief Election Commissioner) at any given time? - (a) The President, from time to time - (b) The Election Commission itself - (c) Parliament, by a fixed number in the Constitution - (d) The Chief Justice of India **Answer: (a)** — Article 324 leaves this to the President's discretion, exercised from time to time — there is no fixed constitutional number. **Q3.** The Election Commission became a genuinely multi-member (three-Commissioner) body, on a lasting basis, from: - (a) 1950 - (b) October 1989 - (c) October 1993 - (d) January 1990 **Answer: (c)** — The October 1989 experiment was reversed in January 1990; the current three-member arrangement dates from October 1993 onward. **Q4.** The term of office of an Election Commissioner is: - (a) 6 years or until age 65, whichever is earlier - (b) 6 years or until age 62, whichever is earlier - (c) 5 years, with no age limit - (d) Life tenure, like a Supreme Court judge **Answer: (a)** — 6 years or age 65, whichever comes first — set by the Election Commission (Conditions of Service...) Act, 1991. **Q5.** An Election Commissioner (other than the CEC) can be removed from office only: - (a) By a resolution of the state legislatures - (b) On the recommendation of the Chief Election Commissioner - (c) By the Chief Justice of India - (d) By the President at will **Answer: (b)** — Unlike the CEC's Supreme-Court-judge-style protection, other Commissioners can be removed only on the CEC's own recommendation. **Q6.** Which of the following is a genuine gap in the Constitution's treatment of the Election Commission? - (a) It does not prescribe any qualifications for its members - (b) It does not allow the President to appoint more than one Commissioner - (c) It fixes the Commission's term at exactly six years within the Constitution itself - (d) It bars retired Commissioners from any future government post **Answer: (a)** — The Constitution prescribes no legal, educational, administrative or judicial qualifications for EC members — a genuine gap. **Q7.** In Anoop Baranwal v. Union of India (2023), the Supreme Court's interim selection committee for the CEC and Election Commissioners consisted of: - (a) The Prime Minister, the Leader of the Opposition, and the Chief Justice of India - (b) The Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition - (c) The President, the Vice-President, and the Prime Minister - (d) The Chief Justice of India alone **Answer: (a)** — The Court's 2023 interim formula included the CJI — later replaced by Parliament's own 2023 Act. **Q8.** Under the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, the selection committee consists of: - (a) The President, the Chief Justice of India, and the Prime Minister - (b) The Prime Minister, a Union Cabinet Minister nominated by the PM, and the Leader of the Opposition - (c) The Prime Minister, the Chief Justice of India, and the Leader of the Opposition - (d) A search committee alone, with no separate selection committee **Answer: (b)** — The 2023 Act replaced the Chief Justice of India with a Union Cabinet Minister nominated by the Prime Minister. **Q9.** The search committee that shortlists candidates under the 2023 CEC/EC Appointment Act is headed by: - (a) The Chief Justice of India - (b) The Law Minister - (c) The Cabinet Secretary - (d) The Attorney General **Answer: (b)** — A Law-Minister-headed search committee shortlists five names for the selection committee to choose from. **Q10.** The Election Commission advises the President on disqualification of members of Parliament under: - (a) Article 356 - (b) Article 192 - (c) Article 103 - (d) Article 324 alone, with no other Article involved **Answer: (c)** — Article 103 (MPs, President decides on EC's advice); Article 192 is the parallel provision for MLAs, where the Governor decides. **Q11.** Which of the following is a quasi-judicial function of the Election Commission? - (a) Notifying the dates and schedule of elections - (b) Acting as a court to settle disputes over recognition of political parties and allotment of symbols - (c) Requisitioning staff for conducting elections - (d) Preparing and revising electoral rolls **Answer: (b)** — The EC's court-like role in party recognition/symbol disputes is its quasi-judicial function; the others are administrative. **Q12.** At the district level, who acts as the District Returning Officer for elections? - (a) A Deputy Election Commissioner - (b) The Chief Electoral Officer - (c) The Superintendent of Police - (d) The District Collector **Answer: (d)** — The District Collector doubles as District Returning Officer, in turn appointing Returning and Presiding Officers below. ### UPSC Previous Year Questions (PYQs) *Pattern: EC vs State Election Commission jurisdiction; CEC vs other-Commissioner removal asymmetry; the 1989-1990-1993 composition sequence; Anoop Baranwal's interim committee vs the 2023 Act's actual committee; Article 103 vs 192 disqualification-advice split.* **Q13.** Consider the following statements about the Election Commission of India: (1) It is responsible for conducting elections to Parliament, State Legislatures, and the offices of President and Vice-President. (2) It is also responsible for conducting elections to Panchayats and Municipalities in every state. Which of the statements given above is/are correct? - (a) Both 1 and 2 - (b) 1 only - (c) 2 only - (d) Neither 1 nor 2 **Answer: (b)** — Statement 1 is correct (Article 324). Statement 2 is wrong — that is the job of each state's own State Election Commission. **Q14.** With reference to the Election Commission, which of the following statements is/are correct? (1) The Chief Election Commissioner can be removed only in the same manner as a judge of the Supreme Court. (2) Other Election Commissioners enjoy the identical security of tenure as the Chief Election Commissioner. Select the correct answer: - (a) Neither 1 nor 2 - (b) Both 1 and 2 - (c) 2 only - (d) 1 only **Answer: (d)** — Statement 1 is correct. Statement 2 is wrong — other Commissioners can be removed on the CEC's own recommendation, a materially weaker protection. **Q15.** Which Constitutional Amendment lowered the voting age from 21 to 18 years, indirectly leading to the Election Commission's first expansion to a multi-member body? - (a) 61st Amendment - (b) 73rd Amendment - (c) 42nd Amendment - (d) 52nd Amendment **Answer: (a)** — The 61st Amendment (1988, in force 1989) lowered the voting age, and the resulting workload led to two more Commissioners being appointed in October 1989. **Q16.** The Anoop Baranwal case (2023) arose from the absence of: - (a) Any provision for a Chief Election Commissioner in the Constitution - (b) Any Parliamentary law regulating the appointment of the CEC and Election Commissioners - (c) A State Election Commission in any state - (d) A Delimitation Commission Act **Answer: (b)** — The Court noted Article 324 itself contemplates a Parliamentary law on appointments, which had never been enacted — hence its interim directions. **Q17.** As of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which authority is EXCLUDED from the selection committee compared to the Supreme Court's Anoop Baranwal formula? - (a) The Law Minister - (b) The Prime Minister - (c) The Leader of the Opposition - (d) The Chief Justice of India **Answer: (d)** — The 2023 Act replaced the Chief Justice of India with a Union Cabinet Minister nominated by the Prime Minister — the central point of the ongoing constitutional challenge. **Q18.** The Election Commission's power to grant recognition to a political party as a 'national' or 'state' party is based primarily on: - (a) A direct Presidential order - (b) The party's total membership count - (c) The party's founding date - (d) The party's poll performance **Answer: (d)** — Recognition and classification as national/state party status is tied to demonstrated electoral (poll) performance. ### Mains Practice Questions Use these to frame full-length answers. You don't have to answer one exactly — they show the angles UPSC tests, so let them guide which points you cover. - Trace the composition of the Election Commission from 1950 to the present, noting every change and its reason. - Compare the security of tenure available to the Chief Election Commissioner with that of the other Election Commissioners. - Discuss the Supreme Court's directions in Anoop Baranwal v. Union of India (2023) and how the subsequent 2023 Act changed the appointment process. - Classify the powers and functions of the Election Commission into administrative, advisory and quasi-judicial categories with examples. - What gaps did the Constitution leave open regarding the Election Commission, despite its independence safeguards? - Distinguish the Election Commission's jurisdiction from that of a State Election Commission.