Election Commission of India — Powers, EVM, Anti-Defection Law

The Election Commission of India is one of the most important constitutional bodies and a regular feature in Kerala PSC exams. These notes cover Article 324, composition, powers, election processes, and the anti-defection law.

Constitutional Basis — Article 324

Aspect	Details
Article	324 of the Indian Constitution
Part	Part XV (Elections) — Articles 324 to 329
Nature	Constitutional body (not statutory)
Function	Superintendence, direction, and control of elections
Elections covered	President, Vice President, Parliament, State Legislatures
NOT covered	Panchayat and Municipality elections (handled by State Election Commission under Art 243K)

Composition of Election Commission

Feature	Details
Originally	Single-member body (only CEC)
Multi-member since	1 October 1993 (by executive order)
Current composition	1 Chief Election Commissioner (CEC) + 2 Election Commissioners (ECs)
Appointment	By the President (on recommendation of a committee — PM, Leader of Opposition in Lok Sabha, and a Union Cabinet Minister, per 2023 Act)
Term	6 years or until age 65, whichever is earlier
Salary	Equivalent to a Judge of the Supreme Court
Removal of CEC	Same procedure as removal of Supreme Court Judge (impeachment — proved misbehaviour or incapacity, address by both Houses, special majority)
Removal of ECs	On recommendation of CEC (they do NOT have the same protection as CEC)

Important CECs to Remember

CEC	Key Contribution
Sukumar Sen	First CEC of India (1950–1958); conducted first two general elections
T.N. Seshan	10th CEC; enforced Model Code strictly; made EC powerful in practice
M.S. Gill	Introduced EVMs widely

Powers and Functions of Election Commission

Power	Details
Determine election schedule	Announce dates for all phases
Model Code of Conduct	Enforce rules from date of announcement till results
Recognize political parties	Grant national/state party status based on vote share
Allot election symbols	Assign and adjudicate disputes over symbols
Voter registration	Prepare and revise electoral rolls
Disqualification opinions	Advise President/Governor on disqualification of members
Postpone/cancel elections	If booth capturing, violence, or natural calamity
Appoint observers	Deploy general and expenditure observers
Order re-poll	At specific booths if irregularities found

Model Code of Conduct (MCC)

Feature	Details
Nature	Not statutory — it is a set of guidelines, not a law
Enforcement	Through moral authority and administrative orders of EC
Applies from	Date of election announcement until results declared
Key rules	No new government schemes; no use of government machinery; no communal/caste appeals; no bribing voters
For ruling party	Cannot use official media/aircraft for campaign; no policy announcements that could influence voters

Electronic Voting Machine (EVM)

Feature	Details
First used	1982 (Paravur Assembly constituency, Kerala — on experimental basis)
Widespread use	From 2004 general elections (all constituencies)
Manufactured by	Bharat Electronics Limited (BEL) and Electronics Corporation of India Limited (ECIL)
Components	Ballot Unit (BU) + Control Unit (CU)
VVPAT added	Voter Verifiable Paper Audit Trail — mandatory since 2019 general elections
VVPAT slip visible for	7 seconds
Maximum candidates per BU	16 (additional BUs can be linked; max 4 BUs = 64 candidates)
Standalone	Not connected to internet or any network

NOTA (None of the Above)

Feature	Details
Introduced	2013 (based on Supreme Court judgment in PUCL v. Union of India)
Symbol	Ballot paper with a cross mark
Effect	Even if NOTA gets highest votes, the candidate with highest valid votes wins (NOTA votes are counted but do not lead to rejection of all candidates)
First used in	2013 state assembly elections (5 states)

Delimitation

Feature	Details
Meaning	Redrawing boundaries of constituencies based on population
Body	Delimitation Commission (statutory body under Delimitation Act)
Composition	Retired SC judge (chairman) + CEC or nominee + State EC concerned
Past commissions	1952, 1963, 1973, 2002 (4th Delimitation Commission)
Freeze on seats	84th Amendment (2002) froze total seats until 2026 (based on 1971 census) to not penalize states that controlled population
Orders	Delimitation orders have force of law and cannot be questioned in court

Election Symbols

Feature	Details
Governed by	Election Symbols (Reservation and Allotment) Order, 1968
National parties	Get exclusive symbol across India
State parties	Get exclusive symbol in that state
Unrecognized parties	Get symbol from “free symbols” list
Split disputes	EC decides which faction gets the symbol (Para 15 of the Order)

Recognition Criteria

Status	Criteria (simplified)
National Party	Secures 6% votes in 4+ states AND wins 4 Lok Sabha seats; OR wins 2% of total Lok Sabha seats from 3+ states
State Party	Secures 6% votes in state AND wins 2 Assembly seats; OR wins 3% of Assembly seats; OR wins 1 Lok Sabha seat per 25 allotted to state

Anti-Defection Law — 52nd Amendment (1985)

Feature	Details
Added	Tenth Schedule to the Constitution
Amendment	52nd Constitutional Amendment Act, 1985
Came into force	1 March 1985
Modified by	91st Amendment Act, 2003

Grounds for Disqualification

Situation	Disqualified?
Member voluntarily gives up party membership	Yes
Member votes against party whip (or abstains) without permission	Yes
Nominated member joins a party after 6 months of taking seat	Yes
Independent member joins any party after election	Yes

Exceptions (When defection is NOT penalized)

Exception	Details
Merger	At least 2/3 of members of a party in the legislature merge with another party — not treated as defection (91st Amendment, 2003)
Speaker election	Presiding officer can leave party and rejoin — not defection

Key Points — 91st Amendment, 2003

• Removed the earlier exemption for “splits” (earlier, 1/3 members splitting was exempt)
• Now only merger of 2/3 is an exception
• Barred defectors from holding ministerial positions until re-elected or until term expires
• Reduced size of Council of Ministers to 15% of House strength

Decision Authority

House	Who decides?
Lok Sabha / State Assembly	Speaker of the House
Rajya Sabha / State Legislative Council	Chairman of the House
Judicial review	SC held in Kihoto Hollohan case (1992) that Speaker’s decision is subject to judicial review

Important Articles Related to Elections

Article	Subject
324	Election Commission — superintendence and control
325	No person ineligible for electoral roll on basis of religion, race, caste, sex
326	Adult suffrage (18 years — 61st Amendment, 1989)
327	Parliament may make laws regarding elections
328	State legislature may make laws for state elections
329	Courts shall not interfere in electoral matters (bar on jurisdiction)

Voting Age and Milestones

Milestone	Year
Original voting age	21 years (1950)
Reduced to 18 years	61st Amendment Act, 1988 (effective 1989)
First election under 18-year age	1989 General Election
Largest electorate ever	2024 General Election (~97 crore eligible voters)

PSC Expected Questions

1. Article for Election Commission — 324
2. First CEC — Sukumar Sen
3. EVM first used — 1982, Paravur, Kerala
4. NOTA introduced — 2013 (PUCL v. Union of India)
5. Anti-Defection Law — 52nd Amendment, 1985, Tenth Schedule
6. Merger exception — 2/3 members (91st Amendment, 2003)
7. Voting age reduced to 18 — 61st Amendment, 1988
8. Model Code of Conduct — Not statutory, enforced by EC
9. Delimitation seats frozen until — 2026 (84th Amendment)
10. CEC removal — Same as Supreme Court Judge (impeachment)