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SC Agrees to Hear Plea Challenging Validity of Law Granting Immunity to CEC, ECs

The petition argues the law gives election commissioners blanket immunity for official acts and asks the court to strike down Section 16 as unconstitutional.

  • On Tuesday, The Supreme Court issued a notice to the Centre and the Election Commission regarding a plea challenging Section 16 of the 2023 Act, which grants immunity to the Chief Election Commissioner and Election Commissioners.
  • The NGO Association for Democratic Reforms filed the challenge, claiming the provision grants "unprecedented, unbridled power" by providing blanket permanent immunity for life from civil and criminal proceedings.
  • Section 16 states, "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 commissioners acting in official capacity.
  • A bench of Chief Justice Surya Kant, Justices Joymalya Bagchi, and Mohana tagged this plea with a separate pending case from NGO Lok Prahari, which the court agreed to examine in January.
  • Although the top court previously refused to stay the provision, the new notice mandates a government response, continuing judicial examination into the constitutionality of the immunity granted by the 2023 Act.
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The Supreme Court has issued notice to the Central Government and the Election Commission on the ADR's petition challenging the lifelong legal immunity given to the Chief Election Commissioner and other Election Commissioners.

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Mathrubhumi broke the news in Kozhikode, India on Tuesday, October 13, 2026.
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