SC seeks Centre, EC response on law giving blanket, lifelong immunity to CEC, Election Commissioners
The petition says the law gives election commissioners lifelong protection from civil and criminal cases and bars courts from hearing them.
- On Wednesday, the Supreme Court issued notice to the Centre and the Election Commission on petitions challenging the constitutional validity of Section 16 of the 2023 Act, which grants lifelong immunity to election officials from civil and criminal proceedings.
- RJD MP Manoj Jha and advocate Arun Kumar Agrawal argued the provision violates the Basic Structure of the Constitution and Article 14, contending it provides blanket immunity without distinguishing between bona fide and mala fide acts.
- Advocate Neha Rathi submitted the provision bars proceedings against "any person who is or was a Chief Election Commissioner or an Election Commissioner," while Agrawal's plea contended, "It provides for lifelong immunity and covers acts that may be outside lawful authority."
- A Bench headed by Chief Justice Surya Kant, alongside Justices Joymalya Bagchi and V Mohana, is reviewing the petitions. The challenge notes that even the President and Governors face limited liability, contrasting sharply with the absolute immunity granted under the new law.
- The court listed the petitions for further hearing on December 18. Petitioners noted that the Election Commission successfully conducted elections for decades without such blanket protections, arguing the law's immunity scope exceeds what safeguarding independence requires.
13 Articles
13 Articles
Supreme Court issues notice to Centre, ECI on plea challenging blanket immunity to CEC, Election Commissioners
The notice from the Supreme Court came on a plea challenging the lifelong immunity to CEC and Election Commissioners under Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023.
Supreme Court seeks Centre, ECI response on plea against blanket immunity for election commissioners
The petition challenges Section 16 of the 2023 Act, which grants the CEC and Election Commissioners lifelong immunity from civil and criminal proceedings for acts performed in their official capacity.
SC issues notice on plea challenging blanket immunity granted to CEC, ECs
The Supreme Court issued notice on a plea challenging the blanket immunity granted to the Chief Election Commissioner and Election Commissioners under the 2023 Act. The development came during a hearing on SIR, in which the court questioned the Election Commission's timelines and safeguards for voters.
SC seeks Centre, EC response on law giving blanket, lifelong immunity to CEC, Election Commissioners
RJD MP Manoj Jha has moved the Supreme Court challenging Section 16 of The Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions Of Service And Term Of Office) Act, 2023
SC seeks Centre, EC’s response on plea challenging immunity to CEC, Election Commissioners
During the hearing, a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana sought responses on a plea challenging the constitutional validity of the provisions. The law was passed by Parliament in 2023.
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