SC to hear pleas against immunity to CEC, ECs

New Delhi: The Supreme Court on Wednesday agreed to hear pleas challenging the constitutional validity of a provision granting blanket immunity from prosecution to the Chief Election Commissioner (CEC) and Election Commissioners (ECs) for acts performed in the discharge of their official duties. A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana issued notice to the Centre, seeking its response within four weeks. The court said the petitions filed by RJD MP Manoj Jha and activist Arun Agrawal would be tagged with another pending petition raising a similar issue. The matter has been listed for hearing on December 18.

The petitions challenge Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The provision bars courts from entertaining or continuing civil or criminal proceedings against serving or former CECs and ECs for acts performed, or purportedly performed, in their official capacity.

Jha argued that the provision grants unelected constitutional functionaries protection wider than that available to the President, MPs and judges. He contended that the immunity extends even to cases involving corruption, mala fide actions and criminal offences, with no provision to lift it.

He also pointed out that while a President can face prosecution after leaving office, a former Election Commissioner enjoys lifelong immunity under the provision.

Agrawal, in his petition, argued that the expressions "is or was" and "purporting to act" effectively provide permanent protection, even for actions beyond lawful authority. He termed the provision unconstitutional and arbitrary, saying it places Election Commissioners beyond judicial scrutiny. Both petitioners maintained that protecting the independence of the Election Commission does not require blanket immunity. They argued that safeguards against frivolous complaints and prior judicial scrutiny would be sufficient.

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The Hans India