Law and statutory body

Election Commission: Article 324 and Counting Observers

GS2 Elections and constitutional bodiesPrelims and Mains

In the news since 30 April 2026 · last on 2 May 2026

Why in news
On 2 May 2026, ECI deployed 165 Additional Counting Observers and 77 Police Observers for counting in the West Bengal Assembly election, 2026, using its Article 324 powers.
What it is
Article 324 vests the superintendence, direction and control of elections to Parliament, State Legislatures and the offices of President and Vice-President in the Election Commission. Section 20B of the Representation of the People Act, 1951 lets the Commission appoint observers for elections. Observers work as Commission's eyes and ears and are deemed on deputation to it during the election period.
Constitutional source
Article 324 gives ECI superintendence, direction and control of elections. The observers were appointed under it.
Statutory source
Section 20B of the RP Act, 1951 is the provision for observers, cited with Article 324.
Status of observers
During the period, observers are deemed on deputation to the Commission and work under its superintendence and control.
Police Observers' limit
Police Observers watch security around counting centres but can never enter the counting hall on counting day.
Mobile phone rule
Only the Counting Observer and the Returning Officer may carry a mobile phone inside the counting hall.
New module
A QR code-based Photo Identity Card module has been added on ECINET to stop unauthorised entry into counting centres.
Three-tier check
The first two tiers check cards issued by the Returning Officer manually. The third, innermost tier near the counting hall needs a successful QR scan.
Who is covered
Returning Officers, Assistant Returning Officers, counting staff, technical personnel, candidates, election agents and counting agents, among others.
Media access
Media persons enter on ECI authority letters, and a Media Center is set up near each counting hall.
Constitutional basis
Article 324 vests superintendence, direction and control of elections in the Election Commission.

Don’t confuse with Article 324 vs Article 243K/243ZA: Article 324 covers elections to Parliament, State Legislatures and President/Vice-President. Articles 243K and 243ZA cover panchayat and municipal elections, run by State Election Commissions.

Don’t confuse with Counting Observer vs Micro-Observer: Counting Observers oversee counting for the constituency. Micro-Observers sit at counting tables and note results independently for cross-checking.

Don’t confuse with Returning Officer vs Observer: The Returning Officer conducts the election in a constituency and issues the cards. Observers are appointed by the Commission under Section 20B of the RP Act, 1951 to oversee the process.

Don’t confuse with Election Commission vs State Election Commission: The ECI under Article 324 handles Parliament, State Legislature, President and Vice-President elections. State Election Commissions handle panchayat and municipal polls.

Laws, judgments and statutory bodies: 30 Prelims questions since 2013 (what the law says, who chairs, legal basis). In Mains, 44 news-triggered questions, most in GS2, asking for provisions and challenges.

No practice question for this one; the card may still help an answer. Why: Constitutional basis of ECI and Section 20B of RP Act 1951 are syllabus topics, but the release is routine deployment; statutory bodies drew only 7 Prelims questions.

Worth revising until Prelims 2027: most news questions come within two years of the event.

Each time it was in the news

  1. 2 May 2026

    On 2 May 2026, ECI deployed 165 Additional Counting Observers and 77 Police Observers for counting in the West Bengal Assembly election, 2026, using its Article 324 powers.

  2. 30 April 2026

    On 30 April 2026 the Election Commission introduced a QR code-based Photo Identity Card module on ECINET for entry to counting centres, starting with counting on 4 May 2026 for five State Assembly elections.