Chief Election Commissioner (CEC)

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Why in News?

A political controversy erupted after the Leader of the Opposition alleged that the Election Commission “colluded with those in power,” criticising the Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

Description:

Statutory Basis:

  • Immunity flows from the Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
  • Key Provision (Clause 16 of the 2023 Act

“Notwithstanding anything in any other law, no court shall entertain or continue any civil or criminal proceedings against a person who is or was a CEC or EC for any act, thing, or word done in the discharge of official duty.”

  • Protection applies during and after their tenure.

Critics claim this may shield EC officials from accountability, while the government argues it ensures institutional independence.

About ECI:

  • Established: 25 January 1950
  • Nature: Permanent Constitutional Body.
  • Constitutional Provisions: Part XV, Articles 324–329.
  • National Voters’ Day: Celebrated annually on 25 January since 2011.

Key Functions:

ECI administers elections to Lok Sabha, Rajya Sabha, State Legislative Assemblies, Offices of President and Vice-President

Composition:

  • Chief Election Commissioner (CEC) + two Election Commissioners (ECs).
  • Chronology:
  • Only CEC (1950–1989)
  • Two ECs appointed in 1989 (till Jan 1990)
  • Permanent 3-member Commission since 1993
Key Provisions of the 2023 Election Commission Act:
Qualifications: Must hold/have held post equivalent to Secretary to Government of India Must possess expertise in managing and conducting elections
Search CommitteeSelect Committee
Prepares panel of 5 candidates Leadership: Headed by Minister of Law and Justice Composition: Two members (Secretary rank or higher)  Recommends candidates to President Committee Members: Prime Minister (Chairperson) Leader of Opposition (Member)  Union Cabinet Minister nominated by PM
Resignation and RemovalTerm of Office
Resignation Process: CEC or EC can resign by writing to President Removal Conditions: CEC: Like Supreme Court Judge ECs: Require CEC recommendationDuration: 6 years or until 65 years of age, whichever earlier Terms and Conditions: If an EC becomes the CEC, combined tenure cannot exceed 6 years No reappointment allowed

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