Why in News? 

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023, introduces new mechanisms that move beyond the traditional seniority-based approach, broadening the scope of selection for the Chief Election Commissioner and other Election Commissioners for the first time. 

 New Law for Appointing Chief Election Commissioner and Election Commissioners 

Background 

• Article 324 of the Constitution allows the President to appoint the Chief Election Commissioner (CEC) and Election Commissioners (ECs) based on Parliamentary law, but no such law existed until 2023. 
• Appointments were previously made by the President on the Prime Minister’s recommendation. 
• In 2023, the Supreme Court (Anoop Baranwal v. Union of India Case) directed a committee comprising the Prime Minister, Leader of the Opposition, and Chief Justice of India to recommend appointments to ensure independence until a law was enacted. 

Key Provisions of the Act 

• Eligibility: Only current or former Secretary-level officers are eligible. 
• Expanded Selection Pool: CEC can now be appointed from outside the Election Commission, breaking the tradition of seniority. 
• Search Committee: Section 6 of the Act establishes a Search Committee, led by the Minister of Law and Justice and two senior officials, tasked with preparing a panel of five candidates. These recommendations are then forwarded to the Selection Committee for final decision-making. 
• Selection Committee: Includes the Prime Minister, a Cabinet Minister, and the Leader of the Opposition in the Lok Sabha, with the power to choose from the panel or nominate an external candidate.