The Supreme Court has issued notice on a petition that seeks to strike down lifelong immunity for CEC and Election Commissioners under Section 16 of the 2023 Act and to revive proceedings that ended when it took effect.
New Delhi: The Supreme Court on Tuesday issued notice to the Union and the Election Commission of India on a petition by the Association for Democratic Reforms (ADR) challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which bars courts from entertaining proceedings against the Chief Election Commissioner and Election Commissioners, and seeking revival of proceedings against present and past office-holders [Association for Democratic Reforms v. Union of India].
A Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana sought responses from the Union and the Election Commission and directed that the matter be tagged with the pending Lok Prahari petition on the same issue.
The challenge
ADR, represented by Senior Advocate Gopal Sankaranarayanan, contends that Section 16 violates Articles 14 and 21 and the basic structure of the Constitution. It seeks a declaration that the provision is unconstitutional, void and inoperative, along with revival of proceedings against current and past Chief Election Commissioners and Election Commissioners that came to an end once the provision took effect. These are the petitioner’s contentions; the Court has expressed no view on them, and the response of the Union and the Election Commission is awaited.
Section 16 provides that no court shall entertain or continue any civil or criminal proceedings against any person covered by it. The petition argues that the protection is lifelong and has no parallel in the Constitution or any statute. It states:
No other provision in the Constitution of India or any statute grants immunity that is at once lifelong.
Legislative history and comparison
The petition says the provision was introduced as a late official amendment at a time when many Opposition MPs stood suspended, and that it “received no debate” in the Rajya Sabha. It also argues that no other constitutional functionary, including the President, a Governor or a judge, enjoys comparable protection after leaving office.
Why the order matters
The tagging with the Lok Prahari petition means the Court will consider both challenges to the immunity together. The questions of whether a statutory bar on judicial proceedings can extend for life, and whether it can reach proceedings already pending, now go before a three-judge Bench for a response from the Union and the Election Commission.
Case Title: Association for Democratic Reforms v. Union of India (case number not available)
Bench: Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana, Supreme Court of India
Date of Order: October 13, 2026
Appearances: Senior Advocate Gopal Sankaranarayanan for ADR, instructed by Advocate-on-Record Rani Mishra.