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Clause 2 of Article 324 UPSC NOTE

 Why in News

  • Chief Election Commissioner Rajiv Kumar is in sole charge of the Election Commission (EC) with the resignation of Election Commissioner Arun Goel ahead of the Lok Sabha polls.

  • The Supreme Court has said that it is ill-advised to leave an institution with such vast, exclusive and uncontrolled powers in the hands of one person, however wise he or she may be.

  • There is no doubt that two heads are better than one, and particularly when an institution like the EC is entrusted with vital functions, and is armed with exclusive uncontrolled powers to execute them.

  • It is both necessary and desirable that the powers are not exercised by one individual, however, all-wise he may be,” a Division Bench of the SC observed in a judgment in 1991.

Clause 2 of Article 324

  • Clause 2 of Article 324 of the Indian Constitution deals with the composition of the Election Commission

The Election Commission shall consist of:

  • The Chief Election Commissioner (CEC)

  • Such number of other Election Commissioners, if any, as the President of India may decide from time to time. 

  • This means the President has the discretion to determine if there will be additional Election Commissioners besides the CEC.

Appointment:

  • Both the Chief Election Commissioner and other Election Commissioners are appointed by the President of India.

Parliamentary Law:

  • The clause mentions "subject to the provisions of any law made in that behalf by Parliament." 

  • This means that the Parliament can pass a law that outlines specific provisions regarding the appointment process. 

EC a single-member body or a multi-member body? 

  • The line in the judgment read that the EC could either be a single-member body or a multi-member body. 

  • The discretion was that of the President.

  • The EC can therefore be a single-member body or a multi-member body.

  • If the President considers it necessary to appoint one or more Election Commissioners.

  • The Constitution Bench was interpreting clause 2 of Article 324. 


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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Clause 2 of Article 324 UPSC NOTE
Clause 2 of Article 324 UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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