SC seeks govt. reply on law giving lifelong immunity to CEC
POLITY – ELECTIONS
5 NOVEMBER 2026
- The Supreme Court sought a response from the Union government on petitions challenging the constitutionality of a specific provision in the Chief Election Commissioner-Election Commissioners’ appointment law which grants them blanket, lifelong immunity from any legal action or criminal prosecution, not only during the official tenure but even after retirement.
- A Bench headed by Chief Justice of India Surya Kant issued notice to both the Centre and the Election Commission of India on petitions filed by RJD MP Manoj Jha, challenging Section 16 of The Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions Of Service And Term Of Office) Act, 2023.
- The petitions said the Section was unconstitutional, went beyond the ambit of powers given to the Election Commission of India (ECI) and, significantly, violated the Basic Structure of the Constitution.
- “Section 16 of the Act bars jurisdiction of Constitutional courts and interferes with the power of judicial review, held to be a part of the Basic Structure of Constitution,” they submitted.
- ‘Bars all prosecution’
- “A bare perusal of the text [of Section 16] discloses the width of the protection granted in so far as it bars all kinds of prosecution including corruption, forgery and other serious offences. It provides for lifelong immunity and covers acts that may be outside lawful authority,” Mr. Agrawal’s plea contended.
- The petitions said that until the enactment of the 2023 Act, the Parliament had not granted any blanket immunity to Election Commissioners.
