Election Commissioner of India

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Election Commissioner of India
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since 14 March 2024 & 19 February 2025
TypeElection Commissioner
StatusDeputy Head of the Election Commission of India
Reports to Parliament of India
Seat Nirvachan Sadan, New Delhi, India
Appointer President of India
Term length 6 years or at the age of 65 (whichever is earlier)
Inaugural holder
  • V.S. Seigell
  • S. S. Dhanoa
Salary₹250,000 (US$3,000)
Website Election Commission of India

The Election Commissioners of India are the members of Election Commission of India, a body constitutionally empowered to conduct free and fair elections in India. An election commissioner is appointed by the President of India on the recommendation of a three member committee headed by the Prime Minister of India. The term of an election commissioner can be a maximum of six years or till he/she attains sixty five years of age. Election Commissioners are usually members of the Indian Civil Service.

Contents

History

Since 1950, the Election Commission of India was a single member body with only the Chief Election Commissioner. As per The Election Commissioner Amendment Act, 1989, the Commission was made a multi-member body with two additional election commissioners who were appointed to the commission for the first time on 16 October 1989. On 1 January 1990, the post of election commissioners were abolished again. [1] The Election Commission was once again made as a three member body on 1 October 1993. [2]

Role and powers

The election commissioners form part of the Election Commission of India, a body constitutionally empowered to conduct free and fair elections to the national, the state legislatures, President and Vice-President. This power of the Election Commission of India is derived from the Article 324 of the Constitution of India. [1] Election Commissioners are usually members of the Indian Civil Service. The Election Commission of India consists of a chief election commissioner and two election commissioners. The chief election commissioner does not have overruling powers and any decision is taken by the opinion of the majority among the three. [1]

Appointment and term of office

Appointment

Election commissioners are appointed by the president of India, on the recommendation of a three-member committee, named the Selection Committee, through a majority vote. Prior to this, due to a Supreme Court order in 2023, the committee consisted of the prime minister of India, the chief justice of India, and the leader of opposition in the Lok Sabha. [3]

Position of appointment before Supreme Court order in 2023 - The Law Minister suggests a pool of suitable candidates to the Prime Minister for consideration. The President makes the appointment of Chief Election Commission or Election Commission based on the recommendation of the Prime Minister. This was the procedure from 1950 up to 2023 when SC ruled for a panel for the selection.

Controversially, the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act of 2023 replaced the role of the chief justice in the Selection Committee with a union minister, nominated by the prime minister, thus giving the ruling government a dominant role in the appointments of ECI, as was the case before SC order in 2023. [3] The act also stated that those appointed should have previously held secretary-level positions in the government and be "persons of integrity, who have knowledge of and experience in management and conduct of elections." [4] [5]

Tenure

The term of the CEC can be a maximum of six years from the date on which he/she assumes his office. However, the CEC retires from office if he/she attains the age of sixty-five years before the expiry of the term. [1]

Removal

While the CEC can only be removed by office through the process of impeachment requiring two-thirds majority of the Lok Sabha and the Rajya Sabha to be present and voting for the same, election commissioners can be removed by the President on the recommendation of the CEC. [1] In 2009, Chief Election Commissioner N. Gopalaswami sent a recommendation to the then President Pratibha Patil to remove Election Commissioner Navin Chawla due to his partisan behavior in favor of a particular political party. [6] The President opined that such a recommendation is not binding on the president and rejected the same. [7]

Compensation

As per the Election Commission (Condition Of Service Of Election Commissions And Transaction Of Business) Act, 1991, the salary of an election commissioner is the same as salary of a Judge of Supreme Court of India. [8] The CEC draws a monthly salary of ₹250,000 (US$3,000) plus allowances. [8] [9] [10]

List of Election Commissioners

Election commissioners who have not held the office of CEC [11]
NameTook officeLeft officeSpan
V. S. Seigell16 October 19892 January 199078 days
S. S. Dhanoa16 October 19892 January 199078 days
G.V.G. Krishnamurty1 October 199330 September 19995 years, 364 days
Ashok Lavasa 23 October 201831 October 20201 year, 313 days
Anup Chandra Pandey 9 June 202114 February 20242 years, 250 days
Arun Goel 19 November 20229 March 20241 year, 111 days
Sukhbir Singh Sandhu [12] 14 March 2024Incumbent1 year, 188 days
Vivek Joshi [13] 19 February 2025Incumbent211 days

See also

References

  1. 1 2 3 4 5 "Election, FAQ". Government of India. Archived from the original on 2 March 2024. Retrieved 1 December 2023.
  2. ↑ "About ECI". Election Commission of India. Archived from the original on 4 January 2012. Retrieved 9 September 2017.
  3. 1 2 "Supreme Court puts off hearing pleas challenging law on CEC appointment". The Hindu . 19 February 2025. Archived from the original on 19 February 2025.
  4. ↑ Sheikh, Amaal (18 August 2025). "Opposition considers motion to remove Chief Election Commissioner: What is the process?". The Indian Express .
  5. ↑ "SC refuses to stay new law on appointment of CEC and ECs, issues notice to Centre". The Economic Times . 13 February 2024. Retrieved 1 April 2024.
  6. ↑ Ram, N. (31 January 2009). "Chief Election Commissioner Gopalaswami 'recommends' removal of Navin Chawla". The Hindu . Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  7. ↑ "President rejects Gopalaswami's report against Navin Chawla". The Hindu . 2 March 2009. Archived from the original on 25 December 2018. Retrieved 9 September 2017.
  8. 1 2 "Election Commission (Condition Of Service Of Election Commissions And Transaction Of Business) Act, 1991". Vakil No. 1. Archived from the original on 23 January 2013. Retrieved 17 September 2012.
  9. ↑ "THE SUPREME COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE) ACT, 1958 with amendments" (PDF). India Code. 8 June 2024. Retrieved 8 June 2024.
  10. ↑ "THE CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS (APPOINTMENT, CONDITIONS OF SERVICE AND TERM OF OFFICE) ACT, 2023" (PDF). India Code. 8 June 2024. Retrieved 8 June 2024.
  11. ↑ "Former Election Commissioners". Election Commission of India . Retrieved 25 November 2022.
  12. ↑ "Gyanesh Kumar, Sukhbir Singh Sandhu take charge as Election Commissioners". The Indian Express . 15 March 2024. Retrieved 17 March 2024.
  13. ↑ "Gyanesh Kumar appointed next chief election commissioner". The Hindustan Times . 18 February 2014. Retrieved 18 February 2024.
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