SC Issues Notice to Centre, ECI on Plea Challenging Blanket Immunity for Election Commissioners

New Delhi: The Supreme Court on Tuesday issued notice to the Centre and the Election Commission of India (ECI) on a public interest litigation challenging the blanket immunity granted to the Chief Election Commissioner (CEC) and other Election Commissioners under Section 16 of the Chief Election Commissioner and the other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana sought responses from the Union government and the poll panel on a plea filed by the Association for Democratic Reforms (ADR) challenging the provision that grants serving and former CECs and Election Commissioners immunity from legal proceedings for acts, things or words committed, done or spoken in the course of discharging, or purporting to discharge, their official duties.

As per the case status available on the apex court’s website, the matter is tentatively listed for further hearing on November 2.

Section 16 states: "Notwithstanding anything contained in any other law for the time being in force, no Court shall entertain or continue any civil or criminal proceedings against any person who is or was a Chief Election Commissioner or an Election Commissioner for any act, thing or word, committed, done or spoken by him when, or in the course of acting or purporting to act in the discharge of his official duty or function."

ADR has contended that the provision violates Articles 14 and 19 of the Constitution, arguing that granting such sweeping protection to the constitutional functionaries undermines accountability and places them beyond the ordinary process of law.

The plea has questioned the grant of blanket immunity to the CEC and Election Commissioners, contending that the provision could shield alleged arbitrary exercise of power and corruption from judicial scrutiny.

The PIL comes amid wider judicial scrutiny of the statutory framework governing the appointment and functioning of the poll panel, including the manner in which its powers are exercised and the independence of its decision-making process. (IANS)

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