Challenge to law granting legal immunity to election commissioners:SC seeks responses from Centre and EC

The Supreme Court on Tuesday heard a petition challenging the law granting legal immunity to the CEC and Election Commissioners (ECs). A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana issued notices to the Centre and the Election Commission. The petition was filed by NGO Association for Democratic Reforms (ADR), seeking to declare Section 16 of the 2023 law unconstitutional. The provision grants the CEC and ECs immunity from civil and criminal proceedings for certain acts, statements or decisions made in the course of their official duties. The Supreme Court tagged the petition with another plea on the same issue that is already pending before it. Supreme Court had heard a similar plea in January In January this year, the Supreme Court agreed to hear another petition challenging the immunity granted to the CEC and ECs under Section 16. The petition was filed by NGO Lok Prahari. The court had then sought responses from the Centre and the Election Commission. However, the Supreme Court had refused to stay Section 16 at the time. The petition claimed that the provision grants the CEC and ECs complete, lifelong immunity for serious abuse of office and wrongdoing. According to the plea, the provision gives the CEC and ECs “unprecedented and unbridled power” by protecting them from both civil and criminal proceedings.