The Supreme Court has agreed to hear a plea against Section 16 of the 2023 election law. The challenge says the provision gives election commissioners sweeping lifelong immunity from proceedings.
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Newdelhi,Oct 13, 2026 18:34 IST
The Supreme Court on Tuesday agreed to hear a plea challenging the validity of a provision in a 2023 law that grants immunity to the chief election commissioner and election commissioners for certain acts carried out in the discharge of their official duties.
A bench of the Supreme Court comprising Justices Surya Kant, Joymalya Bagchi and V Mohana issued notice to the Centre and the Election Commission on the plea filed by NGO Association for Democratic Reforms. The court also tagged the matter with a separate pending petition that raises a similar issue.
The plea has sought to have Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 declared unconstitutional.
Section 16 of the law says, "Notwithstanding anything contained in any other law for the time being in force, 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."
In January this year, the top court had agreed to examine a separate plea challenging the immunity granted to the chief election commissioner and the election commissioners under Section 16 of the 2023 Act. It had then issued notice to the Centre and the Election Commission on a plea filed by NGO Lok Prahari, but refused to stay the provision.
The latest plea said the provision "gives unprecedented, unbridled power to the CEC and ECs by providing them complete blanket permanent immunity for life from any civil and even criminal proceedings for their wrongdoings in gross misuse of their office".
With the new plea now before it and linked to the earlier case, the Supreme Court has sought responses from the Centre and the Election Commission on the challenge to Section 16 of the 2023 law.
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