NEWS: Gyanesh Kumar appointed as CEC under the 2023 Act; objection raised regarding the appointment process vis-à-vis Anoop Baranwal case (2023).

Key Provisions

• Replaced 1991 Act.
• Selection Committee: PM + LoP, Lok Sabha + Union Cabinet Minister nominated by PM.
• CJI à not a member under the 2023 Act.
• Search Committee: Law Minister + 2 Secretary-rank officials → prepares 5 candidates.
• Eligibility → Secretary-level post + integrity + election-management experience.
• Tenure → 6 years / 65 years, whichever earlier.
• Salary → equivalent to SC Judge.
• No reappointment.

Removal

• CEC: Same manner as SC Judge.
• EC: President removes on CEC’s recommendation.
• Resignation → to President.

Concerns

• Exclusion of CJI may increase executive influence in appointments.
• Raises questions about ECI independence and separation of powers.
• Appointment remains valid even if there is a vacancy/defect in the Selection Committee.

Global Practices

• South Africa → broader institutional representation
• UK → House of Commons approval
• USA → Presidential appointment + Senate confirmation