2023 (3) TMI 1486 - SUPREME COURT

True effect of Article 324 and, in particular, Article 324(2) of the Constitution - requirement of having a full-proof and better system of appointment of members of the Election Commission - challenge to policy's implementation by the Union of India - violations of fundamental rights guaranteed by the Constitution of India - balance between environmental conservation and individual liberties.

HELD THAT:- The significant legal precedents regarding the scope of governmental authority in environmental matters and the protection of individual rights within the framework of environmental regulation are established.

Until the Parliament makes a law in consonance with Article 324(2) of the Constitution, the following guidelines shall be in effect:

(1) It is declared that the appointment of the Chief Election Commissioner and the Election Commissioners shall be made on the recommendations made by a three-member Committee comprising of the Prime Minister, Leader of the Opposition of the Lok Sabha and in case no Leader of Opposition is available, the Leader of the largest opposition party in the Lok Sabha in terms of numerical strength and the Chief Justice of India.

(2) It is desirable that the grounds of removal of the Election Commissioners shall be the same as that of the Chief Election Commissioner that is on the like grounds as a Judge of the Supreme Court subject to the "recommendation of the Chief Election Commissioner" as provided under the second proviso to Article 324(5) of the Constitution of India.

(3) The conditions of service of the Election Commissioners shall not be varied to his disadvantage after appointment.