The Chief Election Commissioner alone controls the Election Commission and can overrule the other Commissioners.

The Supreme Court has held that once other Election Commissioners are appointed, decisions are made collectively by majority, not by the Chief Election Commissioner alone.

The President can appoint or remove Election Commissioners however he likes, with no checks.

The Chief Election Commissioner can only be removed like a Supreme Court judge, other Commissioners only on the CEC's recommendation, and the Supreme Court in Anoop Baranwal (2023) required a broader consultative process for appointments pending parliamentary legislation.

The Constitution of India

Article 324

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 elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution 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, the 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 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).§

Why this exists

India's framers wanted elections to be run by an independent, non-partisan body free from control by the ruling government of the day, so that democracy would function fairly. Article 324 was designed to insulate the Election Commission from political pressure by giving it constitutional status, protecting the Chief Election Commissioner's tenure like a judge's, and ensuring resources and staff are always available for elections.

How courts read it

In S.S. Dhanoa v. Union of India (1991) and T.N. Seshan v. Union of India (1995), the Supreme Court held that once other Election Commissioners are appointed, the Commission becomes a multi-member body acting by majority, not a one-person show under the Chief Election Commissioner, though the CEC has special protection from removal. In Union of India v. Association for Democratic Reforms (2002), the Court read the Commission's powers broadly to include directing candidates to disclose criminal, financial, and educational background, treating Article 324 as a source of wide residual power to fill gaps left by law. More recently, in Anoop Baranwal v. Union of India (2023), a Constitution Bench held that until Parliament legislates on the appointment process, the President should appoint the CEC and Election Commissioners on the advice of a committee including the Prime Minister, Leader of the Opposition, and the Chief Justice of India, to protect the Commission's independence; Parliament subsequently enacted a law on the appointment process.

Common misconceptions

Myth: The Chief Election Commissioner alone controls the Election Commission and can overrule the other Commissioners.
Fact: The Supreme Court has held that once other Election Commissioners are appointed, decisions are made collectively by majority, not by the Chief Election Commissioner alone.
Myth: The President can appoint or remove Election Commissioners however he likes, with no checks.
Fact: The Chief Election Commissioner can only be removed like a Supreme Court judge, other Commissioners only on the CEC's recommendation, and the Supreme Court in Anoop Baranwal (2023) required a broader consultative process for appointments pending parliamentary legislation.