The Supreme Court on Tuesday issued notice to the Centre and the Election Commission on a petition filed by the NGO Association for Democratic Reforms (ADR) challenging the constitutional validity of a provision in the 2023 law that grants immunity to the chief election commissioner (CEC) and election commissioners (ECs) from civil and criminal proceedings for acts performed in the discharge of their official duties.
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana agreed to hear the plea.
The plea seeks to declare Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, unconstitutional.
The provision bars courts from entertaining or continuing civil or criminal proceedings against a serving or former CEC or EC for any act, deed or words in the discharge, or purported discharge, of official duties.
The bench tagged the petition with a separate plea raising a similar challenge, filed by the NGO Lok Prahari.
In January, the apex court had agreed to examine Lok Prahari's petition and issued notices to the Centre and the Election Commission. However, it had declined to stay the operation of the provision.
The Lok Prahari plea contended that Section 16 grants the CEC and ECs blanket, lifelong immunity from civil and criminal proceedings, enabling them to escape accountability for alleged wrongdoing and misuse of office.
(With inputs from PTI)
