Legal Immunity For CEC, ECs: Supreme Court notice to Centre, ECI

New Delhi: The Supreme Court on Tuesday issued notice to the Centre and the Election Commission on a petition filed by the Association for Democratic Reforms (ADR) challenging the constitutional validity of a provision in the 2023 law that grants immunity to the chief election commissioner (CEC) and election commissioners (ECs) from civil and criminal proceedings for acts performed in the discharge of their official duties.

Section 16 bars courts from entertaining or continuing civil or criminal proceedings against the CEC and ECs for acts committed in the discharge of their official duties. “There are multiple petitions...there are lawyers' petitions, journalists' petitions...all these matters have to be heard,” Justice Joymalya Bagchi observed.

Chief Justice of India Surya Kant asked the Solicitor General's office to prepare a chart listing all the petitions and the issues involved, saying it could help the government prepare its response.

The matter is tentatively listed for hearing on November 6. ADR has argued that Section 16 grants the CEC and ECs blanket immunity from prosecution, placing serving and former election commissioners beyond constitutional accountability.

ABOUT THE AUTHOR

The Hans India