Superintendence, direction and control of elections to be vested in an Election Commission

Article 289, Draft Constitution of India 1948

(1) The superintendence, direction and control of all elections to Parliament and of elections to the offices of President and Vice-President held under this Constitution, including the appointment of election tribunals for the decision of doubts and disputes arising out of or in connection with the elections to Parliament, shall be vested in a Commission to be appointed by the President.

(2) The superintendence, direction and control of all elections to the Legislature of a State for the time being specified in Part I of the First Schedule and of elections to the office of Governor of the State elections to constitute a panel for the purpose of the appointment of a Governor of the State held under this Constitution including the appointment of election tribunals for the decision of doubts and disputes arising out of or in connection with elections to the Legislature of such State shall be vested in a Commission to be appointed by the Governor of the State.

Article 324, Constitution of India 1950

(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 Slate and of elections to the offices of President and Vice-President held under this Constitution, including the appointment of election tribunals for the decision of doubts and disputes arising out of or in connection with elections to Parliament and to the Legislatures of States 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, 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 or Rajpramukh 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).

Draft Article 289 (Article 324, Constitution of India 1950) was discussed on 15 June 1949 and 16 June 1949. The Draft Article creates a single Commission to deal with the elections to the Central Legislature- Upper and Lower House. It also states that each State and province should have their own Election Commission.

The Drafting Committee Chairman moved an amendment to substitute the Draft Article with another one. The new Draft Article proposed to centralise the election machinery. It created a single Commission that would manage elections with the assistance of regional commissioners who would be working under the control of the Central Election Commission and not the provincial government.

Another member moved an amendment to alter the process of appointment. The member wanted to ensure that the Election Commission was independent and free from executive interference. Several other members were in support of this amendment.

The core conflict that emerged around the amendment was placing of State Legislature elections under the purview of the Central Commission. This was a radical departure from the Draft Article 289 that put State Legislature elections under a State Commission appointed by the State Governor. The reason for the change, the Chairman of the Drafting Committee argued, was that there were reports that non-native citizens of a State were being discriminated against by State government agencies and this could have a detrimental effect on the independence and impartiality of the State Commission.

On the next day, the Draft Article was discussed once again. Various concerns were raised by members. One felt that the amendment moved by the Drafting Committee Chairman took away power from the provincial governments and left too much power in the hands of the President.

This argument was not taken well by some members of the Assembly who felt that the centralisation of election machinery was not an answer to undemocratic practices and the discrimination of minorities in a State. They felt that the Draft Article further diluted the federal idea. The federalism argument was countered by other members who did not see the Draft Article impinging on federalism as governments, state or central, have nothing to do with elections at all.

On the role of the President of India, the Assembly felt that the Drafting Committee’s amendment placed the President at a powerful position with regards to elections and in order to counter the possibility of the Central government influencing the President, it was decided that certain aspects of the Draft Article would be made subject to law made by parliament.

The Assembly adopted the Draft Article on 16 June 1949, incorporating amendments including the one moved by the Drafting Committee.