New Delhi:
The Supreme Court on Tuesday sought responses from the Centre and the Election Commission of India (ECI) on a public interest litigation challenging the blanket legal immunity granted to the Chief Election Commissioner (CEC) and other Election Commissioners under Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana issued notices on the petition filed by the Association for Democratic Reforms (ADR), which has challenged the constitutional validity of the provision protecting serving and former election commissioners from legal proceedings over acts, statements or decisions made in the discharge of their official duties.
Section 16 states that no court shall entertain or continue civil or criminal proceedings against a person who is or was the CEC or an Election Commissioner for any act, thing or word committed, done or spoken while discharging, or purporting to discharge, official duties or functions.
ADR has argued that the provision violates Articles 14 and 19 of the Constitution. It contends that such sweeping protection undermines accountability and could shield alleged arbitrary exercise of power and corruption from judicial scrutiny.
The petition comes amid wider judicial scrutiny of the legal framework governing the appointment and functioning of the poll panel.
On October 5, the Supreme Court issued notice to the Centre, the ECI and the three Election Commissioners on a separate petition questioning whether CEC Gyanesh Kumar could individually exercise or represent powers vested in the multi-member constitutional body. The petitioner argued that Article 324 of the Constitution vests the superintendence, direction and control of elections in the ECI as an institution.
The constitutional validity of the 2023 law governing appointments to the poll panel is also under scrutiny. The law provides for a selection committee comprising the Prime Minister, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister, replacing the earlier arrangement under a 2023 Supreme Court judgment that included the Chief Justice of India.
On September 23, a two-judge Bench delivered a split verdict on whether challenges to the law should be referred to a Constitution Bench. The matter was subsequently placed before the CJI for consideration.
The immunity petition is tentatively listed for further hearing on November 2, according to the Supreme Court’s case status.