SC Notice to Centre, EC on Plea Challenging Immunity To Election Commission ChiefsThe Supreme Court has issued a notice to the central government and the Election Commission regarding petitions challenging the blanket immunity granted to the Chief Election Commissioner and other Election Commissioners. The petitions challenge the constitutional validity of Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023.
Activist-lawyer Arun Kumar Agrawal and political leader Manoj Jha filed pleas arguing that the provision offers blanket protection without exception, even for actions not carried out in good faith. The petitioners contend that this takes away civil and criminal remedies available to citizens, noting that protecting institutional independence should not grant immunity from legal accountability.
Furthermore, arguments highlighted that such lifelong immunity extends even after officials quit office, an exemption not granted even to judges of the Supreme Court, Parliament, or the President. The Supreme Court is expected to hear the combined matters concerning the issue in November.