• 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.

About Article 324 in The Constitution Of India 1949

  • The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time-to-time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.
  • The Constitution provides that the appointment of the CEC and EC shall, subject to the provisions of any law made by Parliament.
  • The tenure of office and the conditions of service of all the commissioners shall be determined by the country’s President.
  • The Constitution has not prescribed the qualifications (legal, educational, administrative or judicial) of the members of the Election Commission.
  • 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.
  • The President, or the Governor of a State, shall, when so requested by the Election Commission, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions.

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