Petition in Supreme Court Challenges Legal Immunity for Election Commissioners

A petition has been filed in the Supreme Court challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023. Petitioner Arun Kumar Agarwal has questioned the constitutional validity of the provision, which grants legal protection to the Chief Election Commissioner (CEC) and other Election Commissioners for actions or statements made while performing their official duties. The protection also continues after they leave office. The Supreme Court has issued notices to the Central Government and the Election Commission of India, seeking their responses.

According to the petitioner, the provision grants excessive immunity and could prevent affected individuals from seeking legal remedies in cases involving wrongful removal of names from electoral rolls, injustice to candidates or alleged corruption within the Election Commission. He has also argued that the original 2023 Bill did not contain such a provision and that Section 16 was introduced through a subsequent amendment without adequate explanation from the government. The petition further points out that the legislation was passed by Parliament when several Opposition MPs were suspended. The Supreme Court will consider the matter after receiving responses from the Centre and the Election Commission.