The President of India has given approval to the Bill that outlines the rules for appointing and determining the service conditions of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs).

Minister of State for Law & Justice Arjun Ram Meghwal introduced the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 in the Rajya Sabha on August 10. This action was prompted by a Supreme Court judgment highlighting a legal gap concerning the appointment of Election Commissioners.

The Rajya Sabha cleared the Bill on December 12, followed by its passage in the Lok Sabha on December 21. This legislation outlines the formation of a selection committee responsible for appointing the CEC and Election Commissioners (ECs), chaired by the Prime Minister. The committee also includes a Union Cabinet Minister and the Leader of the Opposition in the Lok Sabha.

Former Supreme Court judge Justice Rohinton Nariman expressed concerns about the bill, cautioning that it could significantly compromise the independence of the Election Commission of India (ECI).

Justice Nariman's perspective emphasizes that should the bill become law, it would grant the executive branch ultimate authority in appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs). This concentration of power could potentially impact the fairness and freedom of elections, raising concerns about their impartial conduct.

According to the Supreme Court's March 2, 2023 judgment, in the absence of a specific law by the Central government governing appointments within the Election Commission of India (ECI), the procedure for appointments should involve a committee consisting of the Prime Minister, the Chief Justice of India (CJI), and the Leader of the Opposition in the Lok Sabha. This directive was provided to guide appointments until formal legislation regarding these appointments was established by the government.

In addition to the directives regarding appointments within the Election Commission of India (ECI), a Constitution Bench comprising Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and CT Ravikumar recommended that the Central government explore the establishment of a permanent secretariat for the ECI. This suggestion included the proposal that the expenses of this secretariat be drawn from the Consolidated Fund of India, ensuring the complete independence of the electoral body.

The Court emphasized that an election commission failing to uphold free and fair elections in accordance with established rules undermines the fundamental basis of the rule of law. Such a situation risks eroding the very foundation upon which the rule of law stands, emphasizing the critical role of fair electoral processes in maintaining the integrity of governance and legal systems.