Election Commission of India: Structure, Powers and Constitutional Framework

In September 2026, the Election Commission of India (ECI) has in news, after the differences between its three members regarding the management of electoral rolls and the Special Intensive Revision (SIR). As per reports published in the Indian Express, the Election Commissioners of the Commission – Sukhbir Singh Sandhu and Vivek Joshi have registered objections to the said process on various occasions.

This issue has drawn attention to the constitutional composition and decision-making mechanism of the ECI. The ECI is an independent constitutional institution created on 25 January 1950 by Article 324 of the Constitution.

Constitutional Provisions for ECI and its Composition

Article 324 of the Constitution of India grants the superintendence, direction and control of election to Parliament, State Legislatures and the offices of President and Vice-President to the ECI.

Initially, the Commission worked with a single Chief Election Commissioner. Two more Election Commissioners were appointed in October 1993, and the Commission has been constituted with three commissioners ever since then. At present, the Commission comprises of,

• Chief Election Commissioner (CEC): Gyanesh Kumar
• Election Commissioner: Sukhbir Singh Sandhu
• Election Commissioner: Vivek Joshi

The CEC is the head in equal manner whereas all the Election Commissioners enjoy equal rights to take decisions. The Commission follows consensus generally but in case of difference of opinion, the majority rule prevails now.

Appointment and Tenure of Election Commissioners

The constitutional provisions related to the appointments are mentioned in the Article 324(2). The procedure of appointment is now regulated by the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which was effective as of January 2024.

According to the 2023 Act, the appointment procedure requires a committee consisting of the Prime Minister, the Leader of Opposition in Lok Sabha and a Union Cabinet Minister chosen by the Prime Minister. The appointment of CEC and Election Commissioners is made by the President.

Their tenure lasts either six years or until 65 years of age, whichever is earlier. The status and emoluments of the CEC and other Election Commissioners are on par with those of Supreme Court judges.

Functions and Powers of the ECI

The ECI is in charge of the entire electoral process, from preparation and revision of the electoral roll, scheduling, poll procedures, and counting.

Some of its important powers and functions are,

• Conducting elections for Parliament and State Legislatures.
• Conducting elections for the posts of President and Vice-President.
• Preparation, revision, and maintenance of electoral rolls.
• Registration of political parties and regulation of election symbols.
• Expenditure during elections.
• Laws governing elections and enforcement of the Model Code of Conduct.
• Advising the President and the Governors on certain qualifications issues.
• Voter education through SVEEP program.

Quasi-Judicial Functions of the ECI

• Regarding recognition of political parties and disputes over election symbols.

Removal of the CEC and other Election Commissioners

The CEC is better protected under the Constitution compared to other Election Commissioners.

Article 324(5) states that a CEC can be removed from office like any Supreme Court judge on proved misbehaviour or incapacity in the manner provided by the Constitution.

However, other Election Commissioners may be removed by the President based on the CEC’s recommendation.