Experts say such absolute immunity poses significant constitutional questions regarding checks and balances
The Supreme Court of India has agreed to examine a petition challenging the constitutional validity of Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023. A bench headed by Chief Justice Surya Kant, alongside Justices Joymalya Bagchi and V Mohana, issued formal notices to the Union Government and the Election Commission of India seeking their responses.
The petition, filed by the non-governmental organisation Association for Democratic Reforms, challenges the legal provision that grants lifelong civil and criminal immunity to serving and former election commissioners for actions taken in their official capacity.
Challenging Section 16 of the 2023 Statute
The controversy centres on Section 16 of the 2023 statute, which explicitly bars courts from entertaining or continuing any civil or criminal proceedings against a serving or former Chief Election Commissioner or Election Commissioner for any act, deed, or statement executed during the discharge or purported discharge of official duties.
Petitioners argue that granting absolute legal protection shields electoral officials from democratic accountability, creating an unconstitutional shield against judicial scrutiny even in cases of alleged misconduct or misuse of office. The plea contends that such unbridled immunity undermines the principle of equality before the law and compromises the constitutional guarantee of free and fair elections.
Judicial Precedent and Tagged Petitions
During the hearing, the Supreme Court directed that the fresh plea be tagged alongside an earlier, similar petition filed by the NGO Lok Prahari, which also questioned the scope of lifetime protection extended to top election officials.
While the apex court previously agreed to examine the constitutional challenge raised in the Lok Prahari matter, it declined to pass an interim stay on the operation of Section 16. The bench noted that similar issues concerning electoral administration and official accountability require a comprehensive review, directing the Solicitor General’s office to prepare a unified framework of all pending petitions to streamline further proceedings.
