Constitution of India, 1949
224.Superintendence, direction and control of
elections to be vested in an Election Commission .-
(1) The superintendence, direction and control
of the preparation of the electoral rolls for, and the conduct of, all
elections to Parliament and to the Legislature of every State and of elections
to the offices of President and Vice-President held under this Constitution
shall be vested in a Commission (referred to in this Constitution as the
Election Commission).
(2) The Election Commission shall consist of
the Chief Election Commissioner and such number of other Election
Commissioners, if any, as the President may from time to time fix and the
appointment of the Chief Election Commissioner and other Election Commissioners
shall, subject to the provisions of any law made in that behalf by Parliament,
be made by the President.
(3) When any other Election Commissioner is so
appointed the Chief Election Commissioner shall act as the Chairman of the
Election Commission.
(4) Before each general election to the House
of the People and to the Legislative Assembly of each State, and before the
first general election and thereafter before each biennial election to the
Legislative Council of each State having such Council, the President may also
appoint after consultation with the Election Commission such Regional
Commissioners as he may consider necessary to assist the Election Commission in
the performance of the functions conferred on the Commission by clause (1).
(5) Subject to the provisions of any law made
by Parliament, the conditions of service and tenure of office of the Election
Commissioners and the Regional Commissioners shall be such as the President may
by rule determine;
Provided that the Chief Election Commissioner
shall not be removed from his office except in like manner and on the like
grounds as a Judge of the Supreme Court and the conditions of service of the
Chief Election Commissioner shall not be varied to his disadvantage after his
appointment:
Provided further that any other Election
Commissioner or a Regional Commissioner shall not be removed from office except
on the recommendation of the Chief Election Commissioner.
(6) The President, or the Governor of a State,
shall, when so requested by the Election Commission, make available to the
Election Commission or to a Regional Commissioner such staff as may be
necessary for the discharge of the functions conferred on the Election
Commission by clause (1).