The Supreme Court has issued notices to the Central Government and the Election Commission of India on a plea challenging lifetime immunity for Election Commissioners, raising concerns over constitutional validity, accountability, and its potential impact on free and fair elections.
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NEW DELHI: The Supreme Court of India examined a petition challenging the constitutional validity of a law that grants lifetime protection from prosecution to the Chief Election Commissioner (CEC) and Election Commissioners (ECs) for actions taken during their official duties.
The petition argues that such broad legal immunity undermines democratic accountability and could adversely affect free and fair elections, a cornerstone of the Indian Constitution.
The petition was filed by Lok Prahari, a non-governmental organization (NGO), which contended that the law goes far beyond regulating service conditions and instead creates an unprecedented shield from criminal prosecution.
According to the petitioner:
- During the parliamentary debate, a minister had stated that the bill concerned only service conditions.
- Immunity from criminal prosecution cannot be classified as a service condition.
- Even the President of India does not enjoy such sweeping immunity, making the provision excessive and unconstitutional.
Lok Prahari argued that granting lifelong immunity to Election Commissioners could:
- Reduce the accountability of constitutional authorities
- Weaken public trust in the Election Commission of India
- Potentially harm the conduct of free and fair elections
The petition requested the Supreme Court to immediately stay the provision while the matter is under judicial scrutiny.
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The Supreme Court, however, declined to grant an interim stay at this stage.
“This is an important issue. We will examine the matter to determine whether this provision is causing any harm and whether such an exemption can be granted under the Constitution,”
— Chief Justice of India, Surya Kant
The bench stated that a stay was “not needed” at present, signaling that the court intends to examine the issue in detail before taking further action.
The apex court has issued notices to the Central Government and the Election Commission of India, seeking their responses to the constitutional challenge.
Background: 2023 Amendment to Election Law
The controversial provision was introduced through an amendment passed in 2023, which grants protection from legal proceedings to the CEC and ECs for acts done in their official capacity.
In December 2023, the Modi Government passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, replacing the 1991 Act. One of its most consequential provisions is Section 16, which states:
“No Court shall entertain or continue any civil or criminal proceedings against any person who is or was a Chief Election Commissioner or an Election Commissioner for any act, thing or word, committed, done or spoken by him when, or in the course of acting or purporting to act in the discharge of his official duty or function.”
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This means that current and former Election Commissioners enjoy complete legal immunity for anything they do, say, or decide while discharging their official duties. No court, civil or criminal, can take up a case against them.
READ/DOWNLOAD THE CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS (APPOINTMENT, CONDITIONS OF SERVICE AND TERM OF OFFICE) ACT, 2023
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