CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
Parliament enacted this law in December 2023, replacing the earlier Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. It codifies for the first time the statutory framework for appointment of the CEC.
- Selection Committee: CEC and ECs are now appointed by the President on the recommendation of a Selection Committee comprising (i) the Prime Minister (Chairperson), (ii) a Union Cabinet Minister nominated by the PM, and (iii) the Leader of the Opposition in the Lok Sabha (or leader of the largest opposition party if no formal LoP exists).
- Controversy: The original bill included the Chief Justice of India as a member of the Selection Committee (following the Supreme Court's direction in Anoop Baranwal v. Union of India, 2023). The final enacted law replaced the CJI with a Cabinet Minister — drawing criticism that it tilts control toward the ruling party.
- Anoop Baranwal v. Union of India (2023): A five-judge Constitution Bench unanimously held that until Parliament enacted a law, the CEC and ECs would be appointed by the President on the advice of a committee comprising the PM, the LoP, and the CJI. The 2023 Act superseded this interim arrangement, removing the CJI.
- Term: Six years or until age 65, whichever is earlier. No reappointment.
● Tracked since February 14, 2026 · last seen April 07, 2026 · updates as the daily brief publishes
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