Supreme Court agrees to hear plea challenging validity of law granting immunity to CEC, ECs

New Delhi: The Supreme Court on Tuesday agreed to hear a plea challenging the validity of a provision of a 2023 law that grants immunity to the chief election commissioner and election commissioners in respect of certain acts undertaken in the discharge of their official duties.

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana issued notice to the Centre and the Election Commission seeking their responses on the plea filed by NGO Association for Democratic Reforms.

The plea has sought to declare Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 to be unconstitutional.


Section 16 of the Act 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."

The bench tagged the plea with a separate pending petition raising similar issue.

In January this year, the top court had agreed to examine a separate plea challenging the immunity granted to the CEC and the ECs under Section 16 of the 2023 Act.

It had issued notice to the Centre and the Election Commission seeking their responses on the plea filed by NGO 'Lok Prahari'. The top court had then refused to stay the provision.

The plea claimed 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".