The Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions of Service And Term of Office) Act, 2023

Summary of chief election commissioner and other election commissioners (appointment, conditions of service and term of office), act 2023
The Act regulates the appointment, conditions of service, and term of office of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs) in India, ensuring transparency and standardizing their service conditions with those of Supreme Court Judges.
Key Provisions
1. Appointment
• By: President of India
• Recommendation: Selection Committee consisting of:
• Prime Minister (Chairperson)
• Leader of Opposition in the House of the People (Member)
• A Union Cabinet Minister (Member)
• Search Committee: Prepares a panel of 5 persons, headed by the Minister of Law and Justice.
2. Qualifications
• Persons of integrity with knowledge and experience in election management.
• Holding or have held a post equivalent to the rank of Secretary to the Government of India.
3. Term of Office
• Duration: 6 years from the date of assuming office or until attaining 65 years, whichever is earlier.
• Re-appointment: Not eligible for re-appointment.
• Aggregate Term for EC appointed as CEC: Not more than 6 years in total.
4. Conditions of Service
• Salary: Equal to a Judge of the Supreme Court.
• Dearness Allowance: As admissible to Supreme Court Judges.
• Leave: Governed by rules applicable to their previous service or IAS rules; leave encashment up to 50%.
• Pension:
• Equivalent to a Supreme Court Judge’s pension.
• Option to draw previous service pension with benefits.
• General Provident Fund: Eligible to subscribe.
• Other Benefits: Travel allowance, medical facilities, etc., similar to Supreme Court Judges.
5. Resignation and Removal
• Resignation: By writing to the President.
• Removal of CEC: Similar grounds as for a Supreme Court Judge.
• Removal of ECs: On recommendation of the CEC.
6. Transaction of Business
• Unanimous Decision: Preferred.
• Majority Opinion: In case of differing opinions.
7. Protection
• Legal Protection: No civil or criminal proceedings for acts done in official capacity.

Legislative History:
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023

Source: Official Record of Parliament, India Code, and Ministry of Law & Justice

Act Title - The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
Act Number - Act No. 49 of 2023
Act ID (India Code) - A202349
Presidential Assent date - December 28, 2023
Enforcement Date - February 02, 2024
Nodal Ministry - Ministry of Law & Justice

Precedent & Historical Rationale

● Repeal of 1991 Act & Compliance with Judicial Mandate: Repeals the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, responding to the Supreme Court's ruling in Anoop Baranwal v. Union of India (2023) which directed Parliament to enact a formal statutory mechanism for appointing Election Commissioners.
● Statutory Selection Committee & Terms of Service: Replaces executive-only appointments with a statutory Selection Committee (comprising the Prime Minister, a Cabinet Minister, and the Leader of Opposition/Single Largest Opposition Party Leader), while aligning the salary and service conditions of the CEC and ECs with those of Supreme Court Judges.

Parliamentary Trajectory & Enactment
● Formulation: Introduced by the Union Minister of Law and Justice, Shri Arjun Ram Meghwal, to establish a transparent statutory procedure for the selection, appointment, and conditions of service of members of the Election Commission of India.
● Parliamentary Passage: Introduced in the Rajya Sabha on August 10, 2023; passed by the Rajya Sabha on December 12, 2023; and passed by the Lok Sabha on December 21, 2023.
● Presidential Assent: Received the assent of the President of India on December 28, 2023.
● Enforcement: Enforced on February 02, 2024.