cover image: PAPERBOOK VOLUME-I - {PAGES A TO 518}

20.500.12592/8gtj118

PAPERBOOK VOLUME-I - {PAGES A TO 518}

5 Feb 2024

It thus directed that in order to fill the vacuum (in absence of a legislation), the appointment to the posts of the Chief Election Commissioner and the Election Commissioners shall be done by the President of India on the basis of the advice tendered by a Committee consisting of the Prime Minister of India, the Leader of the Opposition in the Lok Sabha and, in case, there is no such Leader, the L. [...] One of the recommendations, which is of relevance to the cases before us is as follows: “The Chief Election Commissioner and the other Election Commissioners should be appointed on the recommendation of a body consisting of the Prime Minister, Leader of the Opposition in the Lok Sabha, the Leader of the Opposition in the Rajya Sabha, the Speaker of the Lok Sabha and the Deputy Chairman of the Rajy. [...] This Hon’ble Court has power to fill vacuum under Article 142 of the Constitution of India and therefore directed the appointment to the posts of the Chief Election Commissioner and the Election Commissioners shall be done by the President of India on the basis of the advice tendered by a Committee consisting of the Prime Minister of India, the Leader of the Opposition in the Lok Sabha and, in cas. [...] This Hon’ble Court has power to fill vacuum under Article 142 of the Constitution of India and therefore directed the appointment to the posts of the Chief Election Commissioner and the Election Commissioners shall be done by the President of India on the basis of the advice tendered by a Committee consisting of the Prime Minister of India, the Leader of the Opposition in the Lok Sabha and, in cas. [...] We declare that as far as appointment to the posts of the Chief Election Commissioner and the Election Commissioners are concerned, the same shall be done by the President of India on the basis of the advice tendered by a Committee consisting of the Prime Minister of India, the Leader of the Opposition in the Lok Sabha and, in case, there is no such Leader, the Leader of the largest party in the O.
Pages
539
Published in
India