Article 424 of the Costitution of India with Case law
📘 Article 424 of the Constitution of India – Power of the Election Commission to make orders for the smooth transition to electoral provisions
🔹 Text of Article 424 – Power of Election Commission to make certain orders
"For the purpose of bringing the provisions of this Part into effect, the Election Commission may, with the approval of the President, make such orders as may be necessary or expedient."
🧾 Context:
Article 424 falls under Part XXI of the Constitution: Temporary, Transitional and Special Provisions.
Specifically, it supports the electoral framework during the transitional period when India moved from British rule to a fully sovereign constitutional democracy after 26 January 1950.
It gave special temporary powers to the Election Commission, so it could act swiftly and effectively with the President’s approval to ensure elections were held smoothly in the new constitutional setup.
📜 Purpose of Article 424:
To allow the Election Commission to deal with unforeseen issues during the implementation of electoral laws post-independence.
Ensure flexibility in conducting free and fair elections during the initial phase of the Constitution’s operation.
⚖️ Case Law Related to Article 424:
There is no direct case law on Article 424, since it is a transitional and enabling provision used during the early years after independence, and has limited contemporary application. However, its spirit and intent have been considered in important judgments involving the powers of the Election Commission.
🔹 1. S. S. Dhanoa v. Union of India, AIR 1991 SC 1745
Though not directly citing Article 424, this case discussed transitional provisions and the role of authorities under Parts XV and XXI.
Highlighted the need to interpret such provisions in the spirit of ensuring constitutional continuity.
🔹 2. Mohinder Singh Gill v. Chief Election Commissioner, AIR 1978 SC 851
Supreme Court discussed broad powers of the Election Commission under Article 324.
The doctrine of necessary implication from Article 424 supports the Commission’s flexibility, though it was not directly cited.
🔹 3. A.C. Jose v. Sivan Pillai, AIR 1984 SC 921
The Court stated that electoral laws must be strictly followed, but the Election Commission may fill gaps where laws are silent.
The intent of Article 424—providing expedient power during uncertain times—echoes in this judgment.
🔎 Related Constitutional Provisions:
| Article | Subject |
|---|---|
| 324 | Powers and functions of the Election Commission |
| 325–329 | Provisions related to elections |
| 424 | Power to make orders (with President’s approval) for electoral matters during transition |
| Part XXI | Temporary and Transitional Provisions |
📝 Key Takeaways:
| Feature | Description |
|---|---|
| Article No. | 424 |
| Located in | Part XXI – Temporary & Transitional Provisions |
| Power Given To | Election Commission, with President’s approval |
| Purpose | To make necessary/exigent orders to implement electoral provisions |
| Current Use | Largely obsolete, but provides historical support for Election Commission’s flexibility |
| Direct Case Law | None – only cited for historical and interpretative value |
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