The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 – Short Overview
Original Law Text:
This Act was passed to regulate how the Chief Election Commissioner (CEC) and Election Commissioners (ECs) are appointed, their eligibility, service conditions, term of office, salaries, allowances, and procedure of functioning within the Election Commission of India (ECI). It also repeals the earlier 1991 Act and introduces a structured process involving a Search Committee and a Selection Committee.
Explanation:
This law lays out the rules and procedures for appointing top officials in the Election Commission of India, which conducts elections in the country. It defines who can be selected, how they are chosen, how long they can serve, and what benefits they are entitled to. It creates two bodies: a Search Committee to shortlist candidates, and a Selection Committee (led by the Prime Minister) to make final recommendations to the President of India. It also ensures these officials are protected from legal action for work done during their official duties and provides details about salary, pension, leave, and removal processes.
Vital Pointers to Remember:
- Enforced from 2nd January 2024
- Applies to Chief Election Commissioner (CEC) and other Election Commissioners (ECs)
- Appointment by the President based on Selection Committee’s recommendation
- Selection Committee includes Prime Minister, Leader of Opposition, and a Union Cabinet Minister
- A Search Committee prepares a shortlist of candidates
- Eligibility: Must be or have been Secretary to the Government of India with experience in elections
- Term: 6 years or until the age of 65, whichever is earlier; no re-appointment
- Salary and benefits same as a Supreme Court Judge
- Protection from legal proceedings for actions done in official capacity
- Previous 1991 Act is repealed
Chapter I – Preliminary
Section 1: Short Title and Commencement
Original Law Text:
(1) This Act may be called the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. (Notified date: 2nd January 2024)
Explanation:
This law is officially named the Chief Election Commissioner and Other Election Commissioners Act, 2023. It became effective from 2nd January 2024, as announced by the Central Government through an official notice.
Vital Pointers to Remember:
- Act title: Chief Election Commissioner and Other Election Commissioners Act, 2023
- Came into force on 2nd January 2024
- Activated through official government notification
Section 2: Definitions
Original Law Text:
Unless the context otherwise requires:
(a) Chief Election Commissioner means the one appointed under Article 324(2) of the Constitution and this Act
(b) Election Commission refers to the body mentioned in Article 324(1) of the Constitution
(c) Election Commissioner means any Commissioner other than the CEC, appointed under Article 324(2) and this Act
(d) Search Committee refers to the body preparing a list of candidates for CEC and EC posts
(e) Selection Committee refers to the panel recommending appointments for CEC and EC positions
Explanation:
This section clearly defines key terms used throughout the Act:
- Chief Election Commissioner is the top official appointed under the Constitution and this law.
- Election Commission is the constitutional body that supervises elections in India.
- Election Commissioners are the other members of this Commission.
- Search Committee prepares a list of potential candidates for appointment.
- Selection Committee recommends who should be appointed from that list.
Vital Pointers to Remember:
- CEC and ECs are defined in line with Article 324 of the Constitution
- Search Committee: Prepares the panel of candidates
- Selection Committee: Chooses from the panel for final recommendation
- Terms defined here are used across the entire Act
Chapter I – Preliminary
Section 1: Short Title and Commencement
Original Law Text:
(1) This Act may be called the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. (Notified date: 2nd January 2024)
Explanation:
This law is officially named the Chief Election Commissioner and Other Election Commissioners Act, 2023. It became effective from 2nd January 2024, as declared by a government notification.
Vital Pointers to Remember:
- Act title: Chief Election Commissioner and Other Election Commissioners Act, 2023
- Came into force on 2nd January 2024
- Activated through official government notification
Section 2: Definitions
Original Law Text:
Unless the context otherwise requires: (a) Chief Election Commissioner means the one appointed under Article 324(2) of the Constitution and this Act (b) Election Commission refers to the body mentioned in Article 324(1) of the Constitution (c) Election Commissioner means any Commissioner other than the CEC, appointed under Article 324(2) and this Act (d) Search Committee refers to the body preparing a list of candidates for CEC and EC posts (e) Selection Committee refers to the panel recommending appointments for CEC and EC positions
Explanation:
This section defines important terms used throughout the Act. The Chief Election Commissioner is the head of the Election Commission. Election Commission is the body conducting elections. Election Commissioners are additional members. Search Committee prepares a candidate list. Selection Committee recommends final appointments.
Vital Pointers to Remember:
- Chief Election Commissioner: Appointed under Article 324(2)
- Election Commission: Defined by Article 324(1)
- Election Commissioners: Appointed alongside the CEC
- Search Committee: Shortlists names for appointments
- Selection Committee: Recommends final appointments to the President
Chapter II – Appointment And Term Of Chief Election Commissioner And Other Election Commissioners
Section 3: Election Commission
Original Law Text:
The Election Commission shall consist of: (a) the Chief Election Commissioner; and (b) such number of other Election Commissioners as the President may fix from time to time.
Explanation:
The Election Commission includes the Chief Election Commissioner (CEC) and other Election Commissioners (ECs). The number of ECs is not fixed and can be changed by the President whenever needed.
Vital Pointers to Remember:
- Election Commission is made up of the CEC and ECs
- The President decides the number of ECs
Section 4: Appointment of Chief Election Commissioner and Other Election Commissioners
Original Law Text:
The Chief Election Commissioner and other Election Commissioners shall be appointed by the President by warrant under his hand and seal.
Explanation:
The President of India officially appoints the CEC and ECs through a formal document signed and sealed by him.
Vital Pointers to Remember:
- President appoints both CEC and ECs
- Appointment is done through a formal warrant
Section 5: Qualifications of Chief Election Commissioner and Other Election Commissioners
Original Law Text:
The CEC and ECs must be persons of integrity with knowledge and experience in managing and conducting elections. They must be serving or retired officers of at least Secretary rank in the Government of India.
Explanation:
Only senior government officers, of the rank of Secretary or higher, who have strong moral character and experience in handling elections, can be selected as CEC or ECs.
Vital Pointers to Remember:
- Must have held rank of Secretary to Government of India
- Should have election management experience
- Must be persons of integrity
Section 6: Search Committee
Original Law Text:
A Search Committee, led by the Law and Justice Minister and two other officers (not below Secretary rank), prepares a panel of five names for consideration by the Selection Committee.
Explanation:
The Search Committee, headed by the Law Minister, shortlists five suitable candidates for the roles of CEC or ECs and sends them to the Selection Committee.
Vital Pointers to Remember:
- Law Minister is the Chairperson of the Search Committee
- Includes two senior government officers
- Prepares a panel of five candidates
Section 7: Selection Committee
Original Law Text:
(1) The Selection Committee consists of: (a) the Prime Minister – Chairperson, (b) Leader of Opposition in Lok Sabha – Member, (c) a Union Cabinet Minister nominated by the Prime Minister – Member. (2) Appointment will not be invalid if there’s any vacancy or defect in the committee’s composition.
Explanation:
The Selection Committee includes the Prime Minister, Leader of the Opposition, and one Cabinet Minister picked by the PM. If there’s a vacancy or issue with the committee setup, the appointment still stays valid.
Vital Pointers to Remember:
- Prime Minister leads the Selection Committee
- Leader of Opposition and one Cabinet Minister are members
- Appointments remain valid despite vacancies or defects
Section 8: Power of Selection Committee to Regulate Its Own Procedure
Original Law Text:
(1) The Selection Committee may set its own procedures, ensuring transparency. (2) It may also consider candidates not included in the Search Committee’s panel.
Explanation:
The Selection Committee can decide how it will function, as long as it’s fair and open. It can even select someone who wasn’t listed by the Search Committee.
Vital Pointers to Remember:
- Committee decides its own working process
- Can consider names outside the submitted panel
- Must follow a transparent procedure
Section 9: Term of Office
Original Law Text:
(1) CEC and ECs serve for 6 years or until age 65, whichever comes first. (2) They cannot be re-appointed. (3) If an EC becomes the CEC, their combined total term cannot exceed 6 years.
Explanation:
The CEC and ECs have a maximum tenure of six years, or until they turn 65, whichever is earlier. They cannot be appointed again. If someone becomes CEC after being an EC, their total term across both roles still cannot go beyond six years.
Vital Pointers to Remember:
- Maximum term: 6 years or age 65
- No re-appointment allowed
- Combined term for EC and CEC must not exceed six years
Chapter III – Salary, Allowances And Other Conditions Of Service Of Chief Election Commissioner And Other Election Commissioners
Section 10: Salary, etc.
Original Law Text:
(1) CEC and ECs shall receive the same salary as a Judge of the Supreme Court. (2) If already receiving pension for previous government service, their salary will be reduced accordingly. (3) They are entitled to dearness allowance as applicable to Supreme Court Judges. (4) They can encash 50% of their earned leave at the end of their tenure. (5) If retired before appointment, their total leave encashment will be limited to the rules of their previous service.
Explanation:
The CEC and ECs are paid the same as Supreme Court Judges. If they were already retired and drawing a pension, their new salary is reduced to avoid duplication. They get dearness allowance, can cash in half of their unused leave, and if they worked elsewhere before, the total leave encashment must follow the rules of that earlier service.
Vital Pointers to Remember:
- Salary same as Supreme Court Judges
- Pension-adjusted salary for retired officials
- Entitled to dearness allowance
- Allowed 50% leave encashment
- Leave benefits based on past service rules if applicable
Section 11: Resignation and Removal
Original Law Text:
(1) CEC or ECs may resign anytime by writing to the President. (2) CEC can only be removed like a Supreme Court Judge. (3) ECs can be removed only on the recommendation of the CEC.
Explanation:
CEC and ECs can resign voluntarily by informing the President. The CEC has strong constitutional protection and can only be removed through a complex process, similar to removing a Supreme Court Judge. ECs can only be removed if the CEC recommends it.
Vital Pointers to Remember:
- Resignation must be submitted to President
- CEC removal follows process for Supreme Court Judges
- EC removal requires CEC’s recommendation
Section 12: Leave
Original Law Text:
(1) Leave rules for CEC and ECs follow those of their previous service. Their unused leave carries forward. (2) The President can approve, refuse, or cancel their leave.
Explanation:
Leave rules remain the same as the ones they had before being appointed. Their old leave balance is carried forward. Only the President can grant or cancel their leave.
Vital Pointers to Remember:
- Old leave balance is retained
- Previous service leave rules apply
- President controls approval or cancellation of leave
Section 13: Pension
Original Law Text:
(1) Taking charge as CEC or EC is treated as retirement from earlier government service. (2) They can choose to continue drawing their old pension if opted within six months. (3) If they resign, their departure is not treated as normal retirement unless due to completion of term, age limit, or illness.
Explanation:
When someone becomes CEC or EC, it’s considered their official retirement from previous government duty. They may still receive their old pension if they choose it in time. If they quit early without valid reason like poor health or term completion, it doesn’t count as regular retirement.
Vital Pointers to Remember:
- Joining CEC/EC post counts as retirement
- Option to continue earlier pension scheme
- Resignation doesn’t count as retirement unless for accepted reasons
Section 14: Right to Subscribe to General Provident Fund
Original Law Text:
CEC and ECs may subscribe to the General Provident Fund as per the applicable 1960 Rules.
Explanation:
CEC and ECs are allowed to contribute to the General Provident Fund, following the standard government rules.
Vital Pointers to Remember:
- Can subscribe to GPF
- Governed by General Provident Fund (Central Services) Rules, 1960
Section 15: Other Conditions of Service
Original Law Text:
The President may set rules for other service matters like medical care, travel allowance, leave travel concession, and transport.
Explanation:
The President has the power to frame rules covering extra service benefits like healthcare, travel expenses, and transport for the CEC and ECs.
Vital Pointers to Remember:
- Covers benefits like TA, medical care, LTC, conveyance
- Rules framed by the President
Section 16: Protection of Chief Election Commissioner and Other Election Commissioners
Original Law Text:
No civil or criminal case can be taken up against the CEC or ECs for anything said or done in the course of their official duties, under any existing law.
Explanation:
While working in their official capacity, CEC and ECs cannot be sued or prosecuted in court for actions taken as part of their role.
Vital Pointers to Remember:
- Complete legal protection for official actions
- Applies to current and former CEC/ECs
- Overrides other existing laws for such matters
Chapter IV – Transaction Of Business Of Election Commission
Section 17: Transaction of Business
Original Law Text:
The business of the Election Commission shall be transacted in accordance with the provisions of this Act.
Explanation:
All official work and duties of the Election Commission must be carried out following the procedures mentioned in this Act.
Vital Pointers to Remember:
- All business operations must comply with this Act
- Ensures uniformity and legality in functioning
Section 18: Disposal of Business
Original Law Text:
(1) The Election Commission may, by unanimous decision, frame procedures for conducting its business and distributing work among the CEC and ECs. (2) All matters should ideally be decided unanimously. If there is disagreement, the decision will be based on the majority opinion.
Explanation:
The Election Commission can decide its own working methods and how to divide duties, but only with full agreement of all members. When members disagree, the majority view will decide the outcome.
Vital Pointers to Remember:
- CEC and ECs jointly set work procedures
- Aim for unanimous decisions
- Majority opinion prevails in case of disagreement
Chapter V – Miscellaneous
Section 19: Power to Remove Difficulties
Original Law Text:
(1) If any difficulty arises in implementing the provisions of this Act, the Central Government may, within five years from its commencement, issue orders to remove the difficulty, provided such orders are not inconsistent with the Act. (2) Every such order must be placed before both Houses of Parliament as soon as possible.
Explanation:
If there’s any confusion or problem in applying the Act’s rules, the Central Government can fix it through an official order, but only within five years of the law taking effect. Such orders must later be shown to Parliament for review.
Vital Pointers to Remember:
- Central Government can issue clarifying orders
- Valid only for five years from 2nd January 2024
- Orders must be presented before Parliament
Section 20: Laying
Original Law Text:
Every rule or order made under this Act must be laid before both Houses of Parliament for a total of thirty days, either in a single session or across multiple sessions. If both Houses disapprove or suggest modifications, those changes will apply going forward.
Explanation:
Any rule or decision under this law must be shown to Parliament for 30 days. If both Houses agree on changes or rejection, the rule must follow their decision. However, this doesn’t affect actions already taken before the change.
Vital Pointers to Remember:
- All rules/orders must be reviewed by Parliament
- 30-day presentation rule applies
- Modifications or cancellation take effect prospectively
Section 21: Repeal and Saving
Original Law Text:
(1) The earlier 1991 Act is repealed. (2) Actions taken under the repealed Act remain valid if they are not inconsistent with this new Act. (3) The General Clauses Act, 1897, continues to apply to the repeal’s legal consequences.
Explanation:
The old 1991 law about Election Commissioners’ service conditions is officially cancelled. However, anything already done under it stays valid as long as it doesn’t clash with the new Act. The General Clauses Act ensures continuity of previous actions.
Vital Pointers to Remember:
- 1991 Act is repealed
- Past actions remain valid if consistent
- General Clauses Act, 1897 governs repeal-related matters