Overview

The Chief Election Commissioner and Other Election Commissioners Act, 2023 replaces the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. It lays down the framework for the appointment, conditions of service, salary, tenure, and removal of the Chief Election Commissioner (CEC) and the Election Commissioners (ECs).

The law is significant because it deals with the institutional design of the Election Commission of India, a constitutional body entrusted with conducting free and fair elections under Article 324.

Constitutional Context

Article 324

Article 324 provides that the Election Commission shall consist of the Chief Election Commissioner and such number of Election Commissioners as the President may fix.

It also states that their appointment will be made by the President, subject to any law made by Parliament.

Why this law became important

For decades, Parliament had not enacted a law detailing the appointment mechanism. As a result, appointments were effectively made by the executive.

In Anoop Baranwal v. Union of India (2023), the Supreme Court held that appointment of the CEC and ECs should not be left solely to the executive and, until Parliament made a law, appointments should be made on the recommendation of a committee consisting of:

• Prime Minister
• Leader of Opposition in Lok Sabha
• Chief Justice of India

The 2023 Act was enacted after this judgment.

Key Features of the Act

Composition of the Election Commission

The Election Commission will consist of:

• one Chief Election Commissioner
• such number of Election Commissioners as the President may determine from time to time

Appointment mechanism

The CEC and ECs are appointed by the President on the recommendation of a Selection Committee.

Selection Committee

The Selection Committee consists of:

• Prime Minister
• Union Cabinet Minister nominated by the Prime Minister
• Leader of Opposition in Lok Sabha, or leader of the single largest opposition party in Lok Sabha

Search Committee

A Search Committee, headed by the Cabinet Secretary, prepares a panel of five persons for consideration by the Selection Committee.

However, the Selection Committee is not bound by this panel and may consider any other person as well.

Eligibility criteria

A person appointed as CEC or EC must:

• be a person of integrity
• possess knowledge and experience in the management and conduct of elections
• be or have been at least of the rank of Secretary to the Government of India or equivalent

Tenure

The term is:

• six years, or
• until the age of 65 years, whichever is earlier

Reappointment is not allowed.

If an Election Commissioner is later appointed as Chief Election Commissioner, the total combined term cannot exceed six years.

Salary and conditions of service

The Act provides that the salary, allowances, and conditions of service of the CEC and ECs shall be equivalent to those of the Cabinet Secretary.

Under the 1991 Act, these were equivalent to those of a Judge of the Supreme Court.

Removal

The Act retains the constitutional removal framework:

• The CEC can be removed in the same manner and on the same grounds as a Supreme Court Judge
• An EC can be removed only on the recommendation of the CEC

Why Independence of the Election Commission Matters

The Election Commission is not an ordinary statutory regulator. It is a constitutional body with a central role in preserving democratic legitimacy.

Its functions include:

• preparing electoral rolls
• conducting elections to Parliament and State Legislatures
• supervising Presidential and Vice-Presidential elections
• ensuring free and fair elections
• regulating symbols and party recognition
• adjudicating certain election-related disputes

Because elections determine who exercises political power, even the perception of executive influence over the Commission can weaken public trust.

Comparison with Reform Suggestions

Different bodies had earlier suggested broader and more balanced appointment mechanisms.

Goswami Committee, 1990

Suggested consultation involving constitutional authorities and opposition representation.

National Commission to Review the Working of the Constitution, 2002

Suggested a wider collegium including leaders from both Houses and presiding officers.

Law Commission, 2015

Suggested a committee of:

• Prime Minister
• Leader of Opposition
• Chief Justice of India

Supreme Court, 2023

Suggested the same three-member committee until Parliament enacted a law.

Compared to these recommendations, the 2023 Act gives a stronger position to the executive.

Significance of the Act

Positive significance

• It finally fills a long-standing legislative vacuum under Article 324
• It formalises an appointment mechanism where none existed earlier in statutory form
• It clarifies tenure, eligibility, salary, and service conditions

Areas of concern

• It may not adequately secure institutional independence
• It departs from the spirit of the Supreme Court’s interim arrangement
• It leaves unresolved broader issues of administrative and functional autonomy

Conclusion

The Chief Election Commissioner and Other Election Commissioners Act, 2023 is an important law because it gives statutory shape to the appointment and service framework of the Election Commission of India. However, the core constitutional concern is not merely whether a law exists, but whether the law sufficiently protects the independence, neutrality, and credibility of the Commission.