SC seeks Centre response on chief election commissioner immunity from prosecution

The Supreme Court on Tuesday sought responses from the Centre and the Election Commission on a petition challenging the lifelong immunity granted to the chief election commissioner and election commissioners from civil and criminal prosecution.

A bench headed by Chief Justice Surya Kant, while issuing notices on the petition filed by the civil liberties organisation Association for Democratic Reforms, posted the matter for hearing on October 29. It will be heard along with a petition filed by the NGO Lok Prahari, which has raised similar objections to the amendment in 2023.

The petitions assailed the constitutional validity of Section 16 of the Chief Electoral Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Terms of Office) Act, 2023, which gives lifelong immunity to the CEC and the ECs from prosecution or court proceedings for any act purportedly done in the discharge of official duties.

Section 16 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 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.”

Appearing for ADR, senior advocate Gopal Sankaranarayanan told the bench, which also had Justice Joymalya Bagchi and Justice V. Mohana, that Section 16 granted drastic blanket protection to the CEC and the ECs, which no other constitutional functionary like the
President, governors, or judges of the Supreme Court and high courts had. The CEC and the ECs have been elevated to a higher pedestal than other constitutional authorities, he said.

Several other petitioners have challenged the 2023 amendment on the ground that the process to select the CEC and the ECs was tainted as it excluded the Chief Justice of India from the selection panel that comprises the Prime Minister, a cabinet minister and the leader of the Opposition.