SC to hear challenge to lifetime immunity for CECs and ECs
SC to hear challenge to lifetime immunity for CECs and ECs
A petition argues lifelong immunity for India's CECs and ECs is unprecedented and could shield officials from accountability; court to hear PIL in March.
The Supreme Court on Monday agreed to examine a constitutional challenge to the law that grants blanket permanent immunity from criminal prosecution to the Chief Election Commissioner (CEC) and Election Commissioners (ECs) for acts done in the course of official duty, even as it refused to stay the provision. The matter has been tentatively posted for hearing in March.
A public interest litigation filed by Lok Prahari, led by SN Shukla, questions section 16 of The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. Shukla argues that such lifetime immunity is unprecedented and not even afforded to the President, Prime Minister, or judges.
The bench, headed by Chief Justice of India Surya Kant and including Justice Joymalya Bagchi, told the Centre and the Election Commission to respond. It noted that a law cannot be stayed without showing how it will affect petitioners, and said this is a public interest matter that will be examined within the constitutional framework.
Supporters say the immunity protects the independence of the electoral body's office and helps avoid politically convenient prosecutions, while critics warn it could enable an unchecked law unto itself. The Centre and ECI have not yet submitted their replies in this hearing, and the court's tentative March date marks the early stage of the case.
The immunity mechanism under the 2023 Act has fed into broader debates about electoral integrity and accountability in India, including concerns about revisions of electoral rolls and perceived biases. The court's review is expected to focus on constitutional checks and balances rather than the merits of any particular election contest.
