The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023. It aims to regulate the appointment process and service conditions of the Chief Election Commissioner (CEC) and Election Commissioners. The Lok Sabha passed the Bill on Thursday, December 21.

Earlier, during the Monsoon Session, the Government introduced the Chief Election Commissioner (CEC) and Other Election Commissioners (EC) Bill, 2023. Through this legislation, the Government seeks to create a selection panel. It comprises the Prime Minister, the Leader of the Opposition (LoP) in the Lok Sabha, and a Union Cabinet Minister. This panel will recommend names to the President of India for the appointment of Election Commission members. At present, the Election Commission consists of three members, namely one Chief Election Commissioner and two Election Commissioners(EC).

Further, the Prime Minister will nominate the Union Cabinet Minister to the selection panel. Moreover, if the Leader of the Opposition in the Lok Sabha is not formally recognised. The leader of the single largest opposition party will be treated as the LoP for this purpose.

In addition, the Bill provides for a Search Committee. It will be headed by the Union Law Minister. It will prepare a panel of eligible candidates for consideration by the selection committee. To qualify, candidates must have held a post equivalent to the Secretary to the Government of India. Accordingly, serving or former officers of secretary-level rank will be eligible for appointment.

The Bill states that the salary, benefits of the EC shall be at par with Judge of the Supreme Court.

March 2023, a Constitution Bench of the Supreme Court, in Anoop Baranwal vs Union of India, unanimously ruled that. The appointment of the CEC and Election Commissioners must be carried out by a three-member committee. It will consist of the Prime Minister, the Leader of the Opposition , and the Chief Justice of India. The Court said this arrangement would continue until Parliament enacts a law in accordance with Article 324(2) of the Constitution.

Historically, Sukumar Sen served as the first Chief Election Commissioner of India. Notably, V. S. Ramadevi remains the only woman to have headed the Election Commission of India(ECI).

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India’s electoral system rests on the principle of adult suffrage. Accordingly, every citizen who has attained the age of 18 years or above enjoys the right to vote. As provided under Article 326 of the Constitution.

Furthermore, India follows a system of single-member territorial constituencies, where each constituency elects one representative through a simple majority vote.

ECI exercises the powers of superintendence, direction, and control over elections. Related to the offices of the President and Vice-President of India. In addition, it oversees elections to both Houses of Parliament as well as both Houses of the State Legislatures.

Besides this, the Commission undertakes the delimitation of constituencies. Done under Article 82 and allocates the number of seats to each constituency. It also advises the President or the Governor on electoral matters, including issues related to the disqualification of members.

Moreover, the Election Commissioners receive salaries and allowances equivalent to those of Judges of the Supreme Court of India. Each Commissioner holds office for a term of six years from the date of assuming office.

State Election Commissions

At the State level, the State Election Commission conducts free, fair, and impartial elections to local bodies.

Under Article 243K(1), the Constitution vests the superintendence, direction, and control of the preparation of electoral rolls and the conduct of elections to Panchayats and Municipalities (Article 243ZA) in a State Election Commission. It headed by a State Election Commissioner appointed by the Governor.

Further, Article 243K(2) provides that the tenure and appointment conditions of the State Election Commissioner shall follow the law enacted by the State Legislature. However, the Constitution protects the office by ensuring that removal can occur only in the same manner and on the same grounds as that of a Judge of a High Court.

In Kishan Singh Tomar (2006), the Supreme Court ruled that the powers of the State Election Commissions are no less than those of the ECI. However, these powers remain subject to laws made by Parliament or State Legislatures. Provided such laws do not encroach upon the plenary powers of the Election Commissions.