The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
About
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 replaces the 1991 Act to regulate appointments and service conditions for India's Election Commission members.
Key Facts
- Composition: Election Commission includes one CEC and a variable number of ECs fixed by the President.​
- Eligibility: Appointees must hold or have held Secretary-level rank, possess integrity, and have election management experience.​
- Appointment Process: President appoints on Selection Committee recommendation; committee comprises Prime Minister (Chair), Leader of Opposition in Lok Sabha (or single largest opposition party leader), and a PM-nominated Union Cabinet Minister; Search Committee (headed by Law Minister) proposes five names.​
- Term: Six years or until age 65, whichever earlier; no reappointment; aggregate term not exceeding six years if EC promoted to CEC.​
- Salary and Benefits: Equivalent to Supreme Court Judge (with protections for incumbents); includes dearness allowance, 50% leave encashment, pension options from prior service, and General Provident Fund subscription.​
- Removal: CEC removable like Supreme Court Judge; ECs only on CEC recommendation.​
Concerns
- Executive Dominance: Selection Committee gives government majority (PM and Cabinet Minister), excluding Chief Justice of India as per Supreme Court interim order, risking ECI independence.​
- Bypassing Transparency: Committee can ignore Search Committee panel, enabling arbitrary picks.​
- Salary Shift: Ties pay to Cabinet Secretary (unlike prior Supreme Court Judge equivalence), potentially increasing executive influence.​
- Vacancy Validity: Appointments valid despite committee defects, possibly allowing ruling party monopoly pre-elections.​
- Legal Challenges: Petitions question constitutionality under Article 324; Supreme Court hearings pending, citing bias and haste in appointments.​
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