SC to examine plea challenging legal immunity to CEC, ECs

New Delhi: The Supreme Court on Monday agreed to examine a plea challenging the immunity granted to the chief election commissioner and election commissioners under the CEC Act, 2023.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi issued notice to the Centre and the Election Commission in the matter, though it refused to stay the provision.

The top court was hearing a PIL filed by Lok Prahari, an NGO, challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

According to the provision, “notwithstanding anything contained in any other law for the time being in force, no court shall entertain or continue any civil or criminal proceedings against any person who is or was a chief election commissioner or an election commissioner for any act, thing or word, committed, done or spoken by him, or in the course of acting or purporting to act in the discharge of his official duty or function”.

The plea claimed the provision “gives unprecedented, unbridled power to the CEC and ECs by providing them complete blanket permanent immunity for life from any civil and even criminal proceedings for their wrongdoings in gross misuse of their office”.