The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 is an Act of the Parliament of India, enacted to regulate the appointment, conditions of service, and term of office for the members of the Election Commission of India (ECI). The Act was passed by the Rajya Sabha on December 12, 2023, and by the Lok Sabha on December 21, 2023, receiving the President's assent on December 28, 2023.
This legislation was created to address a legal vacuum concerning the appointment process, as mandated by Article 324(2) of the Constitution. Its immediate origin lies in the Supreme Court's judgment in Anoop Baranwal v. Union of India (2023), where the Court ruled that until Parliament made a law, appointments would be made on the recommendation of a committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India.
The 2023 Act works by establishing a new mechanism for appointments, replacing the interim one set by the Supreme Court. The President now appoints the Chief Election Commissioner (CEC) and Election Commissioners (ECs) based on the recommendation of a Selection Committee. This committee consists of the Prime Minister (Chairperson), the Leader of the Opposition in the Lok Sabha (or the leader of the largest opposition party), and a Union Cabinet Minister nominated by the Prime Minister. This composition replaced the Chief Justice of India with a Union Cabinet Minister, leading to concerns about executive dominance in the selection process.
The Act replaced the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. While the term of office remains six years or until the age of 65, the new Act changed the conditions of service. Under the 1991 Act, the salary and conditions of service for the CEC and ECs were equivalent to those of a Supreme Court judge; the 2023 Act makes them equivalent to that of the Cabinet Secretary. The removal procedure for the CEC remains the same, similar to that of a Supreme Court judge. The Act connects directly to Article 324 of the Constitution, which establishes the ECI as an independent body to ensure free and fair elections.