The Election Commission of India: what it does, who appoints it, and who can remove it
The Election Commission runs the elections you vote in. Its powers come from a single article of the Constitution. Here is what it controls, what it does not, and how its members are appointed.
By the Janadesh Online editorial team. Facts last checked against the sources below on 25 September 2026.
What the Commission is responsible for
Article 324(1) vests the superintendence, direction and control of the electoral rolls, and the conduct of all elections to Parliament, to the Legislature of every state, and to the offices of President and Vice-President, in the Election Commission. The Commission was established on 25 January 1950, which is why that date is now observed as National Voters' Day.
Its other functions include registering political parties and allotting election symbols. The Election Symbols (Reservation and Allotment) Order, 1968 is made by the Commission under Article 324 read with section 29A of the Representation of the People Act, and it recognises national and state parties and sets out reserved and free symbols. The Model Code of Conduct is also the Commission's. Legal commentary notes it has no statutory or constitutional backing, and that its authority rests on Article 324.
What it does not run
Panchayat and municipal elections are run not by this Commission but by each state's State Election Commission. Article 243K vests the panchayat rolls and elections in a State Election Commission headed by a State Election Commissioner appointed by the Governor. Article 243ZA gives the same role for municipalities, added by the 74th Amendment in 1992. A State Election Commissioner cannot be removed except in the way a High Court judge can be.
Who sits on it, and how they are removed
Under Article 324(2) the Commission consists of the Chief Election Commissioner and such other Election Commissioners as the President fixes from time to time. Their appointment is made by the President, "subject to the provisions of any law made in that behalf by Parliament". When other Election Commissioners are appointed, the Chief Election Commissioner is the Chairman.
- Cannot be removed except on the recommendation of the Chief Election Commissioner
- Cannot be removed except in the like manner and on the like grounds as a judge of the Supreme Court
- Conditions of service cannot be changed to their disadvantage after appointment
How appointments are made now
- Since 1950
Article 324(2) leaves appointments to the President, subject to any law Parliament makes. Parliament had not made a law on how the appointments are made.
- 2 Mar 2023
In Anoop Baranwal v. Union of India, a five-judge Constitution Bench directed that the President appoint on the advice of a committee of the Prime Minister, the Leader of the Opposition (or the leader of the largest opposition party in the Lok Sabha) and the Chief Justice of India. It described this as applying until Parliament enacted a law.
- Dec 2023
Parliament passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. It passed the Rajya Sabha on 12 December and the Lok Sabha on 21 December.
- 23 Sep 2026
A two-judge bench of the Supreme Court split 1:1 on whether a challenge to the Act needs a larger bench and sent the papers to the Chief Justice for the constitution of a Constitution Bench. The Act remains in force pending that hearing.
Under the Act, as reported by PRS, the selection committee is the Prime Minister as chair, the Leader of Opposition in the Lok Sabha (or the leader of the largest opposition party), and a Union Cabinet Minister nominated by the Prime Minister; the President appoints on its recommendation. The Chief Justice of India, who sat on the Court's interim committee, is not part of it. A Commissioner's term is six years or until age 65, whichever is earlier, with no re-appointment.
We could not open the Act's own text, so its provisions here rest on PRS and news reports. The challenge to it is pending and the Court has not decided it. This page takes no position on whether the Act is valid, and does not state details, such as the pay and the search panel, that we could not confirm from the final text.
Frequently asked questions
When was the Election Commission set up?
On 25 January 1950. National Voters' Day marks the date.
What does the Election Commission conduct?
Under Article 324(1), elections to Parliament, to the Legislature of every state, and to the offices of President and Vice-President, plus the electoral rolls for them.
Who runs panchayat and municipal elections?
The State Election Commission of each state, under Articles 243K and 243ZA, not the Election Commission of India.
How can the Chief Election Commissioner be removed?
Only in the like manner and on the like grounds as a judge of the Supreme Court (Article 324(5)).
Is the law on appointing Election Commissioners being challenged?
Yes. On 23 September 2026 a two-judge Supreme Court bench split 1:1 on whether to refer a challenge to the 2023 Act to a larger bench and sent the papers to the Chief Justice. The Act remains in force.
Sources
- Constitution of India, Article 324
- ECI SVEEP: National Voters' Day
- Constitution of India, Article 243K
- Constitution of India, Article 243ZA
- Supreme Court: Anoop Baranwal v. Union of India, 2 March 2023
- PRS: Legislative brief on the CEC and Other Election Commissioners Bill, 2023
- The Week: Supreme Court refers CEC appointment law to Constitution Bench after 1:1 split (23 Sep 2026)
- LiveLaw: The Model Code of Conduct and the Representation of the People Act
- Election Symbols (Reservation and Allotment) Order, 1968
Janadesh Online is independent and not affiliated with the Election Commission of India. Rules and procedures can change between elections; the Commission’s own notices are the authority. Spotted an error? Tell us on the contact page.
