Appointment of Election Commissioners under the 2023 Act

The 2023 Act creates a statutory process for appointing the Chief Election Commissioner and other Election Commissioners. It combines shortlisting by a Search Committee, recommendation by a high-level Selection Committee, and formal appointment by the President.

Constitutional basis

Under Article 324(2), the President appoints the CEC and ECs, subject to any law made by Parliament. The 2023 Act provides that statutory framework, and appointments are formally made by the President through a warrant under his hand and seal.

Shortlisting and eligibility

A Search Committee, headed by the Union Law Minister and comprising two members not below the rank of Secretary to the Government of India, prepares a panel of five eligible persons.

• An eligible person must hold or have held a post equivalent to Secretary to the Government of India, possess integrity, and have knowledge and experience in election management and conduct.
• The Selection Committee may consider a person even if the Search Committee did not include that person in its panel.

Selection and formal appointment

The Selection Committee recommends candidates to the President. It consists of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.

• If no Leader of Opposition is formally recognised, the leader of the largest opposition party in the Lok Sabha performs this role.
• The President appoints the CEC and ECs on the Selection Committee's recommendation.
• Proceedings remain valid despite a vacancy or defect in the constitution of the Selection Committee.