SC seeks Centre, EC response on law giving blanket, lifelong immunity to CEC, Election Commissioners

SC Issues Notice On EC Immunity Law

The Supreme Court on Wednesday issued notice to the Union government and the Election Commission of India in a batch of petitions challenging Section 16 of The Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions Of Service And Term Of Office) Act, 2023. A Bench headed by Chief Justice of India Surya Kant sought their responses, and the court listed the matters for December 18.

The provision under challenge grants sitting and former Chief Election Commissioners and Election Commissioners protection from civil or criminal proceedings for acts, things or words connected to the discharge, or purported discharge, of official duty. Petitioners argue this amounts to blanket, lifelong immunity that continues after retirement.

What The Petitioners Argue

The petitions have been filed by RJD MP Manoj Jha, represented by Tanya Srivastava, and by advocate Arun Kumar Agrawal, represented by advocate Neha Rathi. They contend that Section 16 is unconstitutional, exceeds the powers conferred on the Election Commission, and violates the Basic Structure of the Constitution by ousting the jurisdiction of constitutional courts and impeding judicial review.

The pleas state that the protection is wide enough to bar prosecution for corruption, forgery and other serious offences, and covers conduct that may fall outside lawful authority. They add that it blocks defamation and contempt proceedings and other liabilities for life, without drawing any distinction between acts done in good faith and those done with mala fide intent. According to the petitioners, the objective of safeguarding the Commission's independence does not satisfy the test of proportionality, and access to justice and a fair investigation are facets of Articles 14 and 21.

The petitions also point out that Parliament had not granted such blanket immunity before the 2023 Act, and that the Commission conducted elections effectively for decades withou…