Law & Justice
Supreme Court Seeks Centre, Election Commission Reply on Petition Challenging Immunity of Election Commissioners
The Supreme Court on Wednesday asked the Centre and the Election Commission to respond to a petition that challenges the immunity of the Chief Election Commissioner and other Election Commissioners from legal action for decisions made in the course of their duties. The notice was issued by a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohanna. The petition was filed by activist and lawyer Arun Kumar Agarwal and contests the constitutional validity of Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The petition argues that the Election Commission has successfully conducted elections for decades without blanket immunity, and that such immunity is unnecessary and excessive. It proposes that protection against frivolous complaints and prior judicial scrutiny would suffice to safeguard the Commission’s independence. The petition also contends that the immunity provision removes all civil and criminal remedies for the CEC and ECs, leaving voters, candidates and citizens without recourse for grievances such as wrongful deletion from the electoral roll, malfeasance or corruption within the Commission. Rohitashwa Ranjan, a digital journalist with The Times of India, reports on Indian politics and election dynamics.