India’s Chief Election Commissioner (CEC) and Election Commissioners are appointed under a dual framework of constitutional and parliamentary law. Article 324 of the Constitution authorizes their creation and vesting of powers, while the 2023 Act—officially titled the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act—lays down the legal process for appointment, tenure, and removal.

Appointments are made by the President, acting on recommendations from a three-member Selection Committee composed of the Prime Minister, the Leader of the Opposition in Lok Sabha, and a Union Cabinet Minister nominated by the PM. That minister’s inclusion marks a shift from the earlier proposed composition, which had included the Chief Justice of India, raising concerns about executive overreach.

When it comes to removal, the CEC is safeguarded by a process as stringent as that for Supreme Court judges. The Constitution mandates removal only through a parliamentary impeachment procedure: a motion needs to be supported by a majority of total members and two-thirds of those present and voting in both Houses—and only for “proved misbehaviour or incapacity,” preceded by an inquiry committee. Meanwhile, an Election Commissioner can be removed only on the CEC’s recommendation.