Article 308

Article 308 of the Constitution of India codifies the appointment, tenure and service conditions of the Chief Election Commissioner (CEC) and the other Election Commissioners (ECs). By vesting the power of appointment in the President while fixing a six‑year term or an age ceiling of 65 years, the provision creates a constitutional bulwark against executive interference, thereby safeguarding the autonomy of the Election Commission – the body entrusted with conducting the world’s largest democratic elections.

Historical Background

The Constitution, which came into force on 26 January 1950, established the Election Commission under Article 324 to oversee free and fair elections. Article 308 was drafted alongside it to ensure that the Commission’s leadership would enjoy security of tenure comparable to that of the Supreme Court judges. The original text read: “The Chief Election Commissioner and such other Election Commissioners as may be appointed by the President shall hold office for a term of six years from the date on which they enter upon their office, or until they attain the age of 65 years, whichever is earlier.”

Sukumar Sen became the first CEC in 1950, initially serving alone. The Constitution’s flexibility allowed the President to increase the number of ECs; a 1973 amendment raised the strength to two, and a further expansion in 1989 created the three‑member structure (one CEC plus two ECs) that persists today. The 1991 Election Commission (Conditions of Service) Act later translated the constitutional ceiling into statutory salary, pension and service‑rule provisions.

Mechanism of Appointment and Tenure

Under Article 308, the President appoints the CEC and any additional ECs, typically on the advice of the Union Council of Ministers. While the Constitution does not prescribe a formal selection committee, recent practice has involved consultations with opposition leaders and senior bureaucrats to enhance perceived impartiality. Once appointed, a commissioner’s tenure is capped at six years or the age of 65, whichever arrives first; this dual limit prevents indefinite incumbency while allowing experienced officials to complete a full electoral cycle.

Removal of a commissioner is not covered by Article 308 but by Article 324(2), which requires a presidential order based on a Supreme Court recommendation after a parliamentary inquiry. This two‑step safeguard mirrors the removal process for judges of the Supreme Court, reinforcing the Commission’s independence from routine political pressures.

Evolution of the Commission’s Composition

The Constitution’s open‑ended language (“such number of other Election Commissioners as the President thinks necessary”) has permitted the Commission to adapt to India’s expanding electoral calendar. From a solitary CEC in the 1950s, the body grew to three members by the late 1980s, a change driven by the logistical demands of simultaneous Lok Sabha, Rajya Sabha and state‑assembly polls. The 1991 Act standardized remuneration, aligning commissioners’ salaries with those of Supreme Court judges to further insulate them from fiscal manipulation.

In recent years, the appointment pattern has reflected a balance between continuity and renewal. For example, Rajiv Kumar assumed the CEC’s office on 23 May 2022, while Arun Goel and Gyanesh Kumar were appointed as ECs on 18 August 2022, each inheriting the six‑year or 65‑year ceiling. Their staggered entry dates ensure that at least one senior member remains in office throughout any electoral cycle, preserving institutional memory.

Significance and Contemporary Practice

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