The story so far: On December 12, the Rajya Sabha passed The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Office and Terms of Office) Bill, 2023. It is likely to be enacted into a law after being passed by the Lok Sabha in the current winter session. It provides for the procedure for appointment of the Chief Election Commissioner (CEC) and the other two Election Commissioners (ECs).
What does the Constitution say?
Article 324 provides for the composition of the Election Commission of India (ECI). It consists of the CEC and two other ECs. The Constitution provides that the appointment of the CEC and EC shall, subject to the provisions of any law made by Parliament, be made by the President. While the existing parliamentary law provides for their conditions of service, it is silent with respect to appointments. The appointments till date are made by the President, that is the Central Government and there is no mechanism for ensuring independence during the appointment process.
