3. Election Commission.— The Election Commission shall consist of—
(a) Chief Election Commissioner; and
(b) such number of other Election Commissioners as the President may fix from time to time.
4. Appointment of Chief Election Commissioner and other Election Commissioners.—The Chief
Election Commissioner and other Election Commissioners shall be appointed by the President by warrant
under his hand and seal.
5. Qualifications of Chief Election Commissioner and other Election Commissioners.—The Chief
Election Commissioner and other Election Commissioners shall be appointed from amongst persons who
are holding or have held a post equivalent to the rank of Secretary to the Government of India and shall be
persons of integrity, who have knowledge of and experience in management and conduct of elections.
6. Search Committee.—A Search Committee headed by the Minister of Law and Justice and
comprising two other members not below the rank of Secretary to the Government of India, shall prepare a
panel of five persons for consideration of the Selection Committee, for appointment as the Chief Election
Commissioner and other Election Commissioners.
7. Selection Committee.—(1) The Chief Election Commissioner and other Election Commissioners
shall be appointed by the President on the recommendation of a Selection Committee consisting of—
(a) the Prime Minister—Chairperson;
(b) the Leader of Opposition in the House of the People—Member;
(c) a Union Cabinet Minister to be nominated by the Prime Minister—Member.
Explanation.—For the purposes of removal of doubts, it is hereby declared that where the Leader of
Opposition in the House of the People has not been recognised as such, the leader of the single largest party
in opposition of the Government in the House of the People shall be deemed to be the Leader of
Opposition.
(2) The appointment of Chief Election Commissioner and other Election Commissioners shall not be
invalid merely by reason of any vacancy in or any defect in the constitution of, the Selection Committee.
8. Power of Selection Committee to regulate its own procedure.— (1) The Selection Committee shall
regulate its own procedure in a transparent manner for selecting the Chief Election Commissioner or other
Election Commissioners.
(2) The Selection Committee may also consider any other person than those included in the panel by the
Search Committee.
9. Term of office.—(1) The Chief Election Commissioner and other Election Commissioners shall hold
office for a term of six years from the date on which he assumes his office or till he attains the age of
sixty-five years, whichever is earlier.
(2) The Chief Election Commissioner and other Election Commissioners shall not be eligible for
re-appointment.
(3) Where an Election Commissioner is appointed as Chief Election Commissioner, his term of office
shall not be more than six years in aggregate as the Election Commissioner and the Chief Election
Commissioner.