⚖️ Appointment & Removal of Chief Election Commissioner and Other Election Commissioners
• Procedure for appointment of Chief Election Commissioner and other Election Commissioners as per the Constitution
• Procedure for appointment of CEC and others as per the Supreme Court
• Procedure for appointment of CEC and others as per the Parliament
• Procedure for removal of CEC and other Commissioners
📚 Delhi Law Academy Jaipur presents below for aspirants of RJS, DJS, PCS(J) and other Judicial Services throughout India the procedure for appointment and removal of Chief Election Commissioner and other Election Commissioners and their removal from office.
📌 Appointment of Chief Election Commissioner and Other Election Commissioners
1️⃣ Original Provision in the Constitution
Procedure for appointment of Chief Election Commissioner and other Election Commissioners in Article 324(2):
“The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.”
👉 As per Article 324(2), the appointment shall be made by the President, subject to a law made by Parliament. Until such law is enacted, the appointment shall be made by the President alone.
2️⃣ Law Made by Supreme Court
⚖️ In Anoop Baranwal v. Union of India (5-Judge Constitution Bench, March 2, 2023), the Supreme Court prescribed a Committee for such appointment:
“We declare that as far as appointment to the posts of Chief Election Commissioner and the Election Commissioners are concerned, the same shall be done by the President of India on the basis of the advice tendered by a Committee consisting of the Prime Minister of India, the Leader of the Opposition in the Lok Sabha … and the Chief Justice of India. This norm will continue to hold good till a law is made by the Parliament.”
3️⃣ Law Made by Parliament
📜 Parliament enacted the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, effective January 2, 2024.
🔹 Selection Committee
- Prime Minister — Chairperson
- Leader of Opposition in the House of the People — Member
- A Union Cabinet Minister nominated by the Prime Minister — Member
🔹 Qualifications
- Must hold or have held a post equivalent to the rank of Secretary to the Government of India
- Must be persons of integrity with knowledge of and experience in elections
📌 Regional Commissioners
- Before every general election, President may appoint Regional Commissioners to assist the Election Commission.
- Conditions of service and tenure of office are determined by rules by President, subject to law by Parliament.
📌 Removal of CEC and Other Commissioners
🔹 Constitutional Provision: Article 324(5)
- Chief Election Commissioner ➝ can be removed only in the same manner as a Supreme Court Judge.
- Other Election Commissioners/Regional Commissioners ➝ removable only on recommendation of CEC.
🔹 Supreme Court’s View
“It is clear as day light that the first proviso protects the Chief Election Commissioner alone from removal by providing for protection as is accorded to a Judge of the Supreme Court of India… The second proviso exclusively deals with any other Election Commissioner.”
📌 Other Staff
- President/Governor shall provide staff necessary for the Election Commission’s functions.
📖 Section 28A, RP Act 1951
- Returning officers, polling officers, and police officers designated for elections are deemed deputed to the Election Commission during the election period.
- They are under the control and discipline of the Election Commission during that time.
📚 Further Reading for Law Aspirants
Explore more useful resources from Delhi Law Academy to strengthen your preparation:
❓ FAQs on Appointment & Removal of Chief Election Commissioner
As per Article 324(2) of the Constitution, the Chief Election Commissioner (CEC) and other Election Commissioners are appointed by the President of India, subject to any law made by Parliament. Until such a law is enacted, the appointment rests solely with the President.
In March 2023, the Supreme Court held that appointments of the CEC and other Election Commissioners must be made by the President based on the advice of a Committee consisting of the Prime Minister, the Leader of Opposition in Lok Sabha, and the Chief Justice of India. This system applies until Parliament enacts a law.
The Parliament enacted the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. Under this law, a Selection Committee comprising the Prime Minister, the Leader of Opposition in Lok Sabha, and a Union Cabinet Minister nominated by the PM recommends appointments to the President.
The CEC and other Election Commissioners must be individuals who hold or have held a post equivalent to the rank of Secretary to the Government of India. They should also be persons of integrity with knowledge and experience in managing and conducting elections.
According to Article 324(5), the CEC can only be removed in the same manner and on the same grounds as a judge of the Supreme Court. Other Election Commissioners or Regional Commissioners can only be removed on the recommendation of the CEC.
Section 28A provides that returning officers, presiding officers, polling officers, and designated police officers are deemed to be on deputation to the Election Commission during elections. They are under the control, superintendence, and discipline of the Commission during that period.
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