The Supreme Court has observed that the protection from court proceedings given to Election Commissioners under the 2023 Act is perhaps available only to the President and does not extend even to judges, while issuing notice on petitions against Chief Election Commissioner Gyanesh Kumar.
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New Delhi: The Supreme Court on Monday (October 5) remarked, during a hearing on petitions challenging decisions allegedly taken unilaterally by Chief Election Commissioner (CEC) Gyanesh Kumar in the Special Intensive Revision (SIR) of electoral rolls, that the legal immunity available to Election Commissioners under Section 16 of the 2023 Act is not available even to judges [Rakesh Kumar Singh v. Union of India; Shailendra Mani Tripathi v. Union of India].
A Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana heard the matters. The petitioners’ allegations are contentions that have not been tested, and the Court has expressed no view on their merits.
The remark
The observation came on the submission of Senior Advocate Vikas Singh that Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 gives the CEC and Election Commissioners immunity from civil and criminal proceedings for acts done in discharge of official duties. He contended that the protection continues after the Commissioners leave office, lacks the safeguards found in the statutes protecting judges, and places the Commissioners at a higher footing than even Supreme Court judges or the Prime Minister. Justice Bagchi observed:
“This protection is perhaps only for the President. It does not apply even to judges.”
What the Court directed
The Bench issued notice to the Union, the Election Commission of India, the CEC and the Election Commissioners. It did not grant interim relief suspending the CEC. The position of the Union and the Election Commission on Section 16 is not reflected in the report of the hearing, and their responses are yet to be placed before the Court.
Election Commissioners Immunity: A separate challenge
A separate petition challenging the lifelong immunity given to Election Commissioners remains pending before the Supreme Court, on which notice was earlier issued to the Centre and the Election Commission.
Case Title: Rakesh Kumar Singh v. Union of India [W.P.(C) No. 1246/2026]; Shailendra Mani Tripathi v. Union of India [W.P.(Crl.) No. 401/2026]
Bench: CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana, Supreme Court of India
Date of Hearing: October 5, 2026
For the Petitioners: Vikas Singh, Senior Advocate