Article 324 of the Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of the Election Commission:
The chief election commissioner is provided with the security of tenure. He cannot be removed from his office except in same manner and on the same grounds as a judge of the Supreme Court. In other words, he can be removed by the president on the basis of a resolution passed to that effect by both the Houses of Parliament with special majority, either on the ground of proved misbehaviour or incapacity. Thus, he does not hold his office till the pleasure of the president, though he is appointed by him.
The service conditions of the chief election commissioner cannot be varied to his disadvantage after his appointment.
Any other election commissioner or a regional commissioner cannot be removed from office except on the recommendation of the chief election commissioner.
Though the constitution has sought to safeguard and ensure the independence and impartiality of the Election Commission, some flaws can be noted, viz.,
The Constitution has not prescribed the qualifications (legal, educational, administrative or judicial) of the members of the Election Commission.
The Constitution has not specified the term of the members of the Election Commission.
The Constitution has not debarred the retiring election commissioners from any further appointment by the government.