The Chief Election Commissioner (CEC) is the head of the Election Commission of India (ECI), a permanent constitutional body established on January 25, 1950. The CEC's role is rooted in Article 324 of the Constitution, which vests the ECI with the power of superintendence, direction, and control over the conduct of all elections to Parliament, State Legislatures, and the offices of the President and Vice-President. The ECI was initially a single-member body until October 15, 1989, when it became a multi-member body to manage the increased workload, with the CEC acting as the Chairman.
The CEC is appointed by the President of India. The term of office is fixed at six years or until the age of 65 years, whichever comes first. The CEC is provided with security of tenure, as they can only be removed from office in the same manner and on the same grounds as a Judge of the Supreme Court, which requires a resolution passed by both Houses of Parliament with a special majority, as stipulated in Article 324(5). The CEC receives the same salary and benefits as a Supreme Court Judge.
The mechanism for appointment recently changed with the enactment of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. This 2023 Act replaced the earlier Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. The 2023 Act mandates that the President appoint the CEC based on the recommendation of a three-member Selection Committee. This committee consists of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister. This composition replaced the interim arrangement prescribed by the Supreme Court in Anoop Baranwal v. Union of India (2023), which had temporarily included the Chief Justice of India in the selection panel. The CEC connects directly to the constitutional mandate for free and fair elections and the principle of insulating the electoral process from executive interference.