Supreme Court seeks replies on election commissioners’ lifelong immunity provision

The Supreme Court on November 4 sought responses from the Union government and Election Commission of India on petitions challenging Section 16 of the 2023 law governing election commissioners’ appointments and service conditions. A bench headed by Chief Justice Surya Kant issued notices and scheduled the petitions for December 18.

The challenges were brought by RJD MP Manoj Jha and advocate Arun Kumar Agrawal. They contest protection from civil and criminal proceedings for serving and former commissioners over acts performed, or purportedly performed, in official duties. The petitioners argue that the provision extends beyond retirement, shields potentially unlawful conduct and infringes constitutional guarantees. The reported court action does not decide those claims.

The dispute concerns the boundary between protecting election officials’ independence and preserving legal accountability. The petitioners argue that judicial review forms part of the Constitution’s basic structure and cannot be displaced by statutory immunity. They also contend that the Election Commission conducted elections for decades without such blanket protection.