The blanket legal shield protecting India's top poll panel officials from civil and criminal prosecution over official duties has come under rigorous judicial scrutiny. The Supreme Court of India has agreed to examine the constitutional validity of statutory provisions that grant lifelong protection to the Chief Election Commissioner and other Election Commissioners. Taking formal cognisance of the matter, the apex court issued notices to both the Union Government and the Election Commission of India, seeking their detailed responses on the challenge.
Section 16 of the 2023 Appointment Act Under Challenge
The core of this significant legal contestation revolves around Section 16 of the Chief Election Commissioner and other Election Commissioners Act, 2023. Under this statutory clause, Chief Election Commissioner Gyanesh Kumar alongside other Election Commissioners cannot be subjected to any civil proceedings or criminal prosecution for actions executed during the official discharge of their designated election duties. Legal petitioners contend that this provision establishes an impermissible degree of immunity that warrants constitutional assessment.
Three-Judge Bench Tagged Matter With Pending Public Interest Plea
The legal challenge was formally brought before the highest court by the civil society organisation Association for Democratic Reforms. A three-judge bench comprising Chief Justice Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana presided over the proceedings. Considering that a similar constitutional challenge filed earlier by the organisation Lok Prahari was already pending before the judiciary, the bench directed that this fresh petition be tagged alongside it for joint future consideration.
