Article 324(5) is a crucial provision within the Constitution of India that establishes the constitutional safeguards for the independence of the Election Commission of India (ECI). It is part of Article 324, which vests the superintendence, direction, and control of elections in the ECI. The provision was created with the Constitution itself, which was established on January 26, 1950, to ensure the ECI could function as an impartial body, free from arbitrary executive interference, thereby maintaining the credibility of the democratic process.
The provision works by laying down three key mechanisms for the Chief Election Commissioner (CEC) and the Election Commissioners (ECs). First, it states that the conditions of service and tenure of office for the ECs and Regional Commissioners shall be determined by the President, subject to any law made by Parliament. Second, it grants the CEC the highest level of protection by stipulating that the CEC can only be removed from office in the like manner and on the like grounds as a Judge of the Supreme Court. This means removal requires a parliamentary process based on proved misbehaviour or incapacity. Third, it provides that the conditions of service of the CEC cannot be varied to their disadvantage after appointment, acting as a shield against indirect executive pressure.
A key distinction is that an Election Commissioner or a Regional Commissioner does not enjoy the same removal protection as the CEC and can only be removed on the recommendation of the Chief Election Commissioner. This provision connects directly to the Chief Election Commissioner and Other Election Commissioners (Conditions of Service) Act, 1991, which Parliament enacted to regulate the service conditions and tenure, as permitted by Article 324(5). This 1991 Act was recently replaced by the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. While the 2023 Act provides the detailed statutory framework for appointment and service conditions, the constitutional foundation for the removal process and security of tenure remains anchored in Article 324(5).