SC issues notice to Centre, ECI over lifetime immunity to election officials

The Supreme Court of India on Monday issued notices to the Centre and the Election Commission of India on petitions challenging the grant of lifetime immunity to the Chief Election Commissioner (CEC) and Election Commissioners (ECs), as per reports.

A bench headed by Justice Surya Kant reportedly said the court would closely examine the issue. According to reports, the plea questions the constitutional validity of a Parliament-enacted law that allegedly provides sweeping protection to election officials.

As per the petition, the legislation shields the CEC and ECs from both civil and criminal proceedings for actions taken while discharging official duties, with such protection continuing for life. The petitioners have argued that the extent of immunity granted is excessive and without precedent.

During the hearing, counsel for the petitioner reportedly submitted that Parliament cannot confer lifelong immunity on the CEC and ECs when even constitutional framers did not extend similar protection to judges. It was argued that such immunity goes beyond what is permissible under the Constitution.

The plea also challenges amendments made to the selection process for appointing Election Commissioners. Advocate Prashant Bhushan, appearing for the NGO Association for Democratic Reforms, mentioned the matter for urgent listing.

The bJustice Surya Kant-led Bench said it would hear the matter next month. On March 19, the court fixed April 16 as the date for hearing, assuring that the case would be given priority and not crowded out by other urgent matters.

The challenge comes in the backdrop of a March 2023 Constitution Bench ruling, which held that appointments to the top posts in the Election Commission should be made by the President on the advice of a committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India.

(With inputs from syndicated feed)