What is this Act?

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 provides a statutory framework for the appointment, tenure, and service conditions of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) of the .

It replaces the earlier system governed largely by convention and the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, particularly on appointment procedures.

Why was the Act needed?

• Supreme Court (Anoop Baranwal case, 2023) directed that, until Parliament enacts a law, appointments should be made by a committee comprising:
  • Prime Minister
  • Leader of Opposition
  • Chief Justice of India
• The Act was enacted to provide a parliamentary law under Article 324(2) of the Constitution.

Key Provisions of the Act

1) Appointment Mechanism

Appointments are made by the President of India on the recommendation of a Selection Committee consisting of:

• Prime Minister – Chairperson
• Leader of Opposition in Lok Sabha (or leader of largest opposition party)
• Union Cabinet Minister nominated by the Prime Minister

 Chief Justice of India is not part of the committee under the Act.

2) Search Committee

• Headed by the Cabinet Secretary
• Includes two senior Secretaries (rank of Secretary to the Government of India)
• Prepares a panel of five eligible candidates for consideration by the Selection Committee

3) Qualifications

• Must be a person of integrity, knowledge and experience in:
  • Election management, or
  • Public administration
• Must have held (or be eligible to hold) a post equivalent to Secretary to the Government of India

4) Term of Office

• Six years or until attaining the age of 65 years, whichever is earlier
• Applies uniformly to CEC and ECs

5) Conditions of Service

• Salary, allowances and service conditions equivalent to:
  • Cabinet Secretary (not a Supreme Court Judge)
• CEC and ECs are not eligible for reappointment

6) Removal

• CEC:
  • Can be removed only like a Supreme Court judge (impeachment by Parliament on grounds of proved misbehaviour or incapacity)
• Election Commissioners:
  • Can be removed only on the recommendation of the CEC

This preserves internal independence within the Election Commission.

Constitutional Context

• Article 324: Superintendence, direction and control of elections vested in the Election Commission
• Article 324(2): Appointment of CEC and ECs to be made by the President subject to a law made by Parliament

Comparison: Supreme Court Judgment vs 2023 Act

Key Criticisms

• Exclusion of CJI reduces judicial oversight
• Selection committee has executive dominance (2 out of 3 members)
• Salary downgrade may affect institutional parity with judiciary
• Raises concerns about perceived independence of the Election Commission

Government’s Rationale

• Parliament has the constitutional authority under Article 324(2)
• Inclusion of LoP ensures political balance
• Search committee introduces institutional filtering
• Aligns EC service conditions with senior civil service neutrality

Implications for Democracy

• Codifies appointment process → procedural clarity
• But independence depends on:
  • Transparency of selection
  • Neutrality of Search Committee
  • Constitutional conventions in practice

Way Forward

• Greater transparency in shortlisting and selection criteria
• Public disclosure of reasons for selection
• Strengthening post-appointment autonomy and safeguards
• Parliamentary oversight through committees