The Chief  Election Commissioner And Other Election Commissioners (Appointment, Conditions of  Service And Term of Office) Act, 2023
# THE CHIEF ELECTION COMMISSIONER AND OTHER ELECTION
 COMMISSIONERS (APPOINTMENT, CONDITIONS OF 
 SERVICE AND TERM OF OFFICE) ACT, 2023

 _________

 ARRANGEMENT OF SECTIONS

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CHAPTER I

PRELIMINARY

SECTIONS.

1. Short title and commencement.

2. Definitions.


CHAPTER II

APPOINTMENT AND TERM OF CHIEF ELECTION COMMISSIONER AND OTHER

ELECTION COMMISSIONERS

3. Election Commission.

4. Appointment of Chief Election Commissioner and other Election Commissioners.

5. Qualifications of Chief Election Commissioner and other Election Commissioners.

6. Search Committee.

7. Selection Committee.

8. Power of Selection Committee to regulate its own procedure.

9. Term of office.

CHAPTER III

SALARY, ALLOWANCES AND OTHER CONDITIONS OF SERVICE OF CHIEF ELECTION COMMISSIONER

AND OTHER ELECTION COMMISSIONERS

10. Salary, etc.

11. Resignation and removal.

12. Leave.

13. Pension.

14. Right to subscribe to General Provident Fund.

15. Other conditions of service.

16. Protection of Chief Election Commissioner and other Election Commissioners.

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CHAPTER IV

TRANSACTION OF BUSINESS OF ELECTION COMMISSION


SECTIONS.

17. Transaction of business.

18. Disposal of business.

19. Power to remove difficulties.

20. Laying.

21. Repeal and saving.


CHAPTER V

MISCELLANEOUS

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# THE CHIEF ELECTION COMMISSIONER AND OTHER ELECTION  COMMISSIONERS (APPOINTMENT, CONDITIONS  OF SERVICE AND TERM OF OFFICE) ACT, 2023 ACT NO. 49 OF 2023

[28th December, 2023.]

An Act to regulate the appointment, conditions of service and term of office of the Chief Election
Commissioner and other Election Commissioners, the procedure for transaction of business by the Election
Commission and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:—

CHAPTER I
PRELIMINARY

**1. Short title and commencement.— (1) This Act may be called the Chief Election Commissioner and**
other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

(2) It shall come into force on such date[1] as the Central Government may, by notification in the Official

Gazette, appoint.

**2. Definitions.—In this Act, unless the context otherwise requires,—**

(a) “Chief Election Commissioner” means the Chief Election Commissioner appointed under clause (2)
of article 324 of the Constitution and in accordance with this Act;

(b) “Election Commission” means the Election Commission referred to in clause (1) of article 324 of the
Constitution;

(c) “Election Commissioner” means any other Election Commissioner appointed under clause (2) of
article 324 of the Constitution and in accordance with this Act;

(d) “Search Committee” means the Search Committee for preparation of panel of persons for
consideration for appointment as Chief Election Commissioner and other Election Commissioners; and

(e) “Selection Committee” means the Selection Committee that recommends appointment of Chief
Election Commissioner and other Election Commissioners.

CHAPTER II

APPOINTMENT AND TERM OF CHIEF ELECTION COMMISSIONER AND OTHER

ELECTION COMMISSIONERS

**3. Election Commission.— The Election Commission shall consist of—**

(a) Chief Election Commissioner; and

(b) such number of other Election Commissioners as the President may fix from time to time.

1. 2[nd] day of January, 2024, vide notification No. S.O. 35 (E), dated 2[nd] day of January, 2024, see Gazette of India,
Extraordinary, Part II, sec. 3 (ii).

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**4. Appointment of Chief Election Commissioner and other Election Commissioners.—The Chief**
Election Commissioner and other Election Commissioners shall be appointed by the President by warrant
under his hand and seal.

**5. Qualifications of Chief Election Commissioner and other Election Commissioners.—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.

**6. Search Committee.—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.

**7. Selection Committee.—(1) The Chief Election Commissioner and other Election Commissioners**
shall be appointed by the President on the recommendation of a Selection Committee consisting of—

(a) the Prime Minister—Chairperson;

(b) the Leader of Opposition in the House of the People—Member;

(c) a Union Cabinet Minister to be nominated by the Prime Minister—Member.

_Explanation.—For the purposes of removal of doubts, it is hereby declared that where the Leader of_
Opposition in the House of the People has not been recognised as such, the leader of the single largest party
in opposition of the Government in the House of the People shall be deemed to be the Leader of
Opposition.

(2) The appointment of Chief Election Commissioner and other Election Commissioners shall not be
invalid merely by reason of any vacancy in or any defect in the constitution of, the Selection Committee.

**8. Power of Selection Committee to regulate its own procedure.— (1) The Selection Committee shall**
regulate its own procedure in a transparent manner for selecting the Chief Election Commissioner or other
Election Commissioners.

(2) The Selection Committee may also consider any other person than those included in the panel by the
Search Committee.

**9. Term of office.—(1) 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
sixty-five years, whichever is earlier.

(2) The Chief Election Commissioner and other Election Commissioners shall not be eligible for
re-appointment.

(3) 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.

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CHAPTER III

SALARY, ALLOWANCES AND OTHER CONDITIONS OF SERVICE OF CHIEF ELECTION COMMISSIONER AND

OTHER ELECTION COMMISSIONERS

**10. Salary, etc.—(1) 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:

Provided that the salary, allowances and other conditions of service of the Chief Election Commissioner
and other Election Commissioners, holding office immediately before the date of commencement of this
Act shall not be varied to their disadvantage.

(2) If a person who, immediately before the date of assuming office as the Chief Election Commissioner
or an Election Commissioner, was in receipt of, or being eligible so to do, had elected to draw, a pension
(other than a disability or wound pension) in respect of any previous service under the Central Government
or a State Government, his salary in respect of service as the Chief Election Commissioner or an Election
Commissioner shall be reduced—

(a) by the amount of that pension; and

(b) if he had, before assuming office, received, in lieu of a portion of the pension due to him in
respect of such previous service, the commuted value thereof, by the amount of that portion of the
pension.

(3) The Chief Election Commissioner and other Election Commissioners shall be entitled to dearness
allowance as may be admissible to Judge of the Supreme Court.

(4) The Chief Election Commissioner and other Election Commissioners shall be entitled to encashment
of fifty per cent. of earned leave to his credit at the time of completion of tenure.

(5) Where the Chief Election Commissioner or an Election Commissioner had retired from the service
of the Central Government or a State Government prior to appointment as such, the aggregate period for
which the encashment of unutilised earned leave he shall be entitled, shall be subject to a maximum period
as admissible in accordance with the rules for the time being applicable to the service to which he belonged
before his appointment as Chief Election Commissioner or an Election Commissioner.

**11. Resignation and removal.—(1) The Chief Election Commissioner or an Election Commissioner**
may, at any time, by writing under his hand addressed to the President, resign his office.

(2) 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.

(3) The other Election Commissioners shall not be removed from office except on the recommendation
of the Chief Election Commissioner.

**12. Leave.— (1) The Chief Election Commissioner or an Election Commissioner may be granted leave**
in accordance with the rules for the time being applicable to the service to which he belonged before the
date of his appointment and he shall be entitled to carry forward the leave standing at his credit on such
date, irrespective of the provisions contained in section 13.

(2) The power to grant or refuse leave to the Chief Election Commissioner or an Election
Commissioner and to revoke or curtail leave granted to him, shall vest in the President.

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**13. Pension. —(1) Where the Chief Election Commissioner or an Election Commissioner was in service**
of Government, he shall be deemed to have retired from the service on the date on which he enters upon
office as the Chief Election Commissioner or an Election Commissioner, as the case may be.

(2) The Chief Election Commissioner or other Election Commissioners who at the time of his
appointment as such, was in service of the Central Government or a State Government, shall at his option to
be exercised within a period of six months from the date of such appointment, be entitled to draw his
pension and other retirement benefits under the rules applicable to the service to which he belonged, with
effect from the date of his appointment as the Chief Election Commissioner or other Election
Commissioner.

(3) Except where the Chief Election Commissioner or an Election Commissioner demits office by
resignation, he shall be deemed, for the purposes of this Act, to have demitted his office only if,—

(a) he has completed the term of office specified in section 9; or

(b) he has attained the age of sixty-five years; or

(c) his demission of office is medically certified to be necessitated by ill-health.

**14. Right to subscribe to General Provident Fund.—Every person holding office as the Chief**
Election Commissioner or an Election Commissioner shall be entitled to subscribe to the General Provident
Fund under the General Provident Fund (Central Services) Rules, 1960.

**15. Other conditions of service.— Save as otherwise provided in this Act, the President may by rules**
determine the conditions of service relating to travelling allowance, medical facilities, leave travel
concession, conveyance facilities, and such other conditions of service relating to the Chief Election
Commissioner and other Election Commissioners.

**16.Protection** **of** **Chief** **Election** **Commissioner** **and** **other** **Election**

**Commissioners.—Notwithstanding anything contained in any other law for the time being in force, no**
Court shall entertain or continue any civil or criminal proceedings against any person who is or was a Chief
Election Commissioner or an Election Commissioner for any act, thing or word, committed, done or spoken
by him when, or in the course of acting or purporting to act in the discharge of his official duty or function.

CHAPTER IV

TRANSACTION OF BUSINESS OF ELECTION COMMISSION

**17. Transaction of business.—The business of the Election Commission shall be transacted in**
accordance with the provisions of this Act.

**18. Disposal of business.—(1) The Election Commission may, by unanimous decision, regulate the**
procedure for transaction of its business and also allocation of its business amongst the Chief Election
Commissioner and other Election Commissioners.

(2) All business of the Election Commission shall, as far as possible, be transacted unanimously, and if
the Chief Election Commissioner and other Election Commissioners differ in opinion on any matter, such
matter shall be decided according to the opinion of the majority.

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CHAPTER V

MISCELLANEOUS

**19. Power to remove difficulties.— (1) If any difficulty arises in giving effect to the provisions of this**
Act, the Central Government may, within a period of five years from the date of commencement of
this Act, by order not inconsistent with the provisions of this Act, remove the difficulty.

(2) Every order made under sub-section (1) shall, as soon as may be after it is made, be laid before each
House of Parliament.

**20. Laying.—Every rule and order made under this Act shall be laid, as soon as may be after it is made,**
before each House of Parliament, while it is in session, for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or order, or both Houses agree that the rule or order should not be made, the rule or
order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be without prejudice to the validity of anything
previously done under that rule or order.

**21. Repeal and saving.—(1) The Election Commission (Conditions of Service of Election**
Commissioners and Transaction of Business) Act, 1991 (11 of 1991) is hereby repealed.

(2) Anything done or any action taken or purported to have been done or taken under the Act hereby
repealed shall, insofar as it is not inconsistent with the provisions of this Act, be deemed to have been done
or taken under the corresponding provisions of this Act.

(3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the
general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of
repeal.

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