• The Supreme Court refused to stay the new law that provides for appointment of the Chief Election Commissioner and election commissioners by a panel excluding the Chief Justice of India.

• A bench of Justices, however, agreed to examine a batch of petitions challenging the new law and issued notice to the Centre.

• Several petitions have been filed in the Supreme Court amid a political row over dropping the Chief Justice of India from a panel empowered to choose the Chief Election Commissioner and election commissioners.

• On December 28, 2023, the President gave assent to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023.

• The Opposition has accused the government of having defied the Supreme Court by dropping the CJI from the selection panel.

• In March 2023, the Supreme Court ruled that a three-member panel, headed by the Prime Minister and comprising the leader of the opposition in Lok Sabha and the Chief Justice of India, will select the CEC and ECs till a law is framed by Parliament on the appointment of these commissioners.

Key points of the new Act:

• The Chief Election Commissioner and other election commissioners shall be appointed from amongst persons who are holding or have held a post equivalent to the rank of secretary to the government of India and shall be persons of integrity, who have knowledge of and experience in management and conduct of elections.

• A search committee headed by the Minister of Law and Justice and comprising two other members not below the rank of secretary to the government of India, shall prepare a panel of five persons for consideration of the selection committee, for appointment as the Chief Election Commissioner and other election commissioners.

• The Chief Election Commissioner and other election commissioners shall be appointed by the President on the recommendation of a selection committee consisting of:

a) Prime Minister - chairperson

b) Leader of Opposition in the House of the People - member

c) A Union Cabinet Minister to be nominated by the PM - member.

• The Chief Election Commissioner and other election commissioners shall be paid a salary which is equal to the salary of a judge of the Supreme Court.

• The Chief Election Commissioner and other election commissioners shall hold office for a term of six years from the date on which he assumes his office or till he attains the age of 65 years, whichever is earlier.

• The Chief Election Commissioner and other election commissioners shall not be eligible for re-appointment.

• Where an election commissioner is appointed as Chief Election Commissioner, his term of office shall not be more than six years in aggregate as the election commissioner and the Chief Election Commissioner.

• The Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a judge of the Supreme Court.

• The other election commissioners shall not be removed from office except on the recommendation of the Chief Election Commissioner.

• A clause related to protection from initiation of legal proceedings against the Chief Election Commissioner and election commissioners for actions taken while carrying out their duties has also been introduced through the amendments.

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