Supreme Court Seeks Centre, ECI Reply On Plea Against Immunity For CEC And ECs

The Supreme Court on Wednesday issued notice to the Central government and the Election Commission of India seeking their responses to a fresh plea challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The matter was heard by a Bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana, which called upon the two respondents to answer the challenge.

Arun Kumar Agrawal, who has approached the Court as the petitioner, has contended that the provision confers lifelong immunity on the Chief Election Commissioner and the Election Commissioners. He has described that protection for acts done in official capacity while holding office as unconstitutional, and has asked the Court to test the validity of a statutory shield claimed to continue beyond the tenure of the office-holders.

The filing came up alongside several other pending petitions concerning the 2023 statute governing appointment, conditions of service and term of office. The present plea concerning the post of chief election commissioner in India adds the question of immunity to that pending batch, which together questions the framework created by the appointments law and the conditions on which members of the poll body hold office.

Protection For Poll Body Questioned

For the Bench, the issue is how protection for the independence of the Election Commission sits with the remedies available in law against official acts of its members. The replies sought from the Centre and the Commission are expected to set out in detail the justification for retaining the provision as enacted. The 2023 law frames that protection as intended to secure the independent and uninterrupted functioning of the poll body.

The Court will take up the challenge further after the Centre and the Election Commission have placed their replies on record in answer to the notice. Until those responses are filed, the plea remains at the preliminary notice stage within the larger group of petitions relating to the 2023 Act awaiting adjudication before the Court.