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 election to Parliament and to the Legislature of every State and of ,all elections to the offices of President and vice - President held under this Constitution shall be vested in a commission.
(2). The Election Commission shall consist of the Chief Election commissioner and such number of other Election Commissioner ,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 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 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 Legislative Council of each State having such Council, the President may also appoint after consultation with the Election Commission such Regional Commissioner as he may consider necessary to assist the Election Commission in the performance of the function 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 Commissioner and the Regional Commissioner 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 conditions of service of the 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 recommendations of the Chief Election Commissioner.
(6). The President, or the Governor of a State ,shall ,when so requested by the Election Commission such staff as may necessary for the discharge of the functions conferred on the Election Commission by clause (1).
(2). The Election Commission shall consist of the Chief Election commissioner and such number of other Election Commissioner ,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 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 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 Legislative Council of each State having such Council, the President may also appoint after consultation with the Election Commission such Regional Commissioner as he may consider necessary to assist the Election Commission in the performance of the function 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 Commissioner and the Regional Commissioner 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 conditions of service of the 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 recommendations of the Chief Election Commissioner.
(6). The President, or the Governor of a State ,shall ,when so requested by the Election Commission such staff as may necessary for the discharge of the functions conferred on the Election Commission by clause (1).
No person to be ineligible for inclusion in, or to claim to be included in a special , electoral roll on grounds of religion,race,casts or sex. --
There shall be one General electoral roll for every territorial constituency for election to either House of Parliament or to the Hotel or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race,caste,sex or any of them.
Bar to interference by Courts in electoral matters. ---
(a). the validity of any law relating to the delimitation of constituencies or the allotment of seat to such constituencies made or purporting to be made under article 327 or article 328, shall not be called in question in any Court;
(b). no Election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an Election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature.
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