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As per the case facts, a series of writ petitions were filed seeking a more robust and transparent system for appointing members of the Election Commission, highlighting a perceived need
...for a neutral and independent collegium. The matter was referred to a Constitution Bench due to its significant constitutional implications and the lack of prior authoritative pronouncements on Article 324. The question arose regarding the true interpretation and effect of Article 324 of the Constitution, specifically Article 324(2), concerning the appointment process of the Chief Election Commissioner and other Election Commissioners, especially in the absence of a specific law made by Parliament for this purpose. Finally, the Supreme Court, acknowledging the constitutional silence on a specific appointment mechanism and the importance of an independent Election Commission for a healthy democracy, issued guidelines for the appointment process. Until Parliament enacts a specific law, the appointment of the Chief Election Commissioner and other Election Commissioners shall be made based on the recommendations of a three-member committee. This committee will comprise the Prime Minister, the Leader of the Opposition in the Lok Sabha (or the leader of the largest opposition party if no Leader of Opposition is available), and the Chief Justice of India. The Court also deemed it desirable that the grounds for removal and conditions of service for other Election Commissioners be the same as those for the Chief Election Commissioner, subject to the Chief Election Commissioner's recommendation for removal. The Court emphasized the necessity of insulating the Election Commission from executive interference.
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