Eduqo

Indian Polity & Constitution›Ch 8: Constitutional & Other Bodies›Election Commission & Anti-Defection

8.1

Election Commission & Anti-Defection

5 min

Master Article 324, CEC Removal, MCC & Tenth Schedule for Competitive Exams

1

Golden Rule of Free & Fair Polls

Article 324 vests superintendence, direction, and control of elections in the Election Commission. The Tenth Schedule curbs political defections to ensure stability.

2

Why This Matters for Exams

  • Article 324 guarantees an independent body for national and state polls.
  • CEC removal process requires Supreme Court judge level parliamentary majority.
  • Tenth Schedule disqualifies MPs/MLAs for changing political parties.

Memory Hooks

  • 324 to 329 = Election Empire in Part XV
  • Tenth Schedule = TEN-sion for Defectors
  • MCC = Moral Code for Candidates
3

ECI & Anti-Defection Quick Matrix

FeatureConstitutional ProvisionKey Authority
ElectionsArticle 324Election Commission
DefectionTenth SchedulePresiding Officer
PartiesArticle 324(6)President / Governor
4

Core Pillars Visualized

Article 324

(Superintendence of Polls)

Article 324: Superintendence of Polls

Superintendence of Polls

Constitution[ ART. 324 ]

Controls national and state elections.

CEC Removal

(Judge Level Impeachment)

CEC Removal: Judge Level Impeachment

Judge Level Impeachment

Removed like a Supreme Court judge.

Model Code

(Guidelines for Parties)

Model Code: Guidelines for Parties

Guidelines for Parties

Enforced from poll announcement date.

Tenth Schedule

(Anti-Defection Law)

Tenth Schedule: Anti-Defection Law

Anti-Defection Law

Prevents opportunistic political switching.

5

Exam Traps & Confusions

CEC can be removed by President aloneRemoved like SC judge via Parliament

CEC has constitutional security of tenure and cannot be fired on presidential whim.

Model Code of Conduct is statutoryMCC is non-statutory guideline

MCC relies on moral consensus and party cooperation, not penal acts.

Speaker decision on defection is finalSpeaker decision is subject to judicial review

Supreme Court ruled that Speaker's order under Tenth Schedule can be judicially reviewed.

6

Quick Exam Test

Q1.Which constitutional article deals with superintendence, direction, and control of elections in India?

Q2.Under which schedule of the Constitution is the Anti-Defection Law contained?

Previous

Page 36 of 40

Next