SC seeks Centre, ECI response to plea challenging blanket immunity for Election Commissioners

New Delhi: The Supreme Court on Wednesday sought responses from the Centre and the Election Commission of India (ECI) on a plea challenging a provision in a 2023 law that grants blanket immunity to the Chief Election Commissioner (CEC) and other Election Commissioners (ECs) from civil and criminal proceedings for acts performed in the discharge of their official duties.

A three-member bench, comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana, issued a notice on a petition filed by activist and lawyer Arun Kumar Agrawal, challenging 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 provision stipulates that no court shall entertain or continue any civil or criminal proceedings against a person who is or was a CEC or an Election Commissioner for any act, thing or word committed, done or spoken in the course of acting or purporting to act in the discharge of official duties or functions.


The petitioners have questioned the sweeping nature of the protection, contending that it effectively grants election commissioners immunity even after they demit office. They have argued that such protection places constitutional functionaries beyond the reach of judicial scrutiny and undermines accountability.

The plea also draws a comparison with Article 361 of the Constitution, which provides immunity to the President and Governors for the exercise and performance of their official powers and duties. It contends that even this constitutional protection is not absolute and is subject to limitations, including the possibility of civil proceedings after the prescribed notice. The petitioners have argued that the Constitution does not envisage such blanket protection for election commissioners and that the provision violates the principles of equality and access to justice.

The challenge comes against the backdrop of an earlier petition filed by NGO Lok Prahari, which had also questioned the constitutional validity of Section 16. The SC had previously issued notice to the Centre and the ECI on that plea. The court is examining whether Parliament could constitutionally grant such protection to election commissioners through legislation.