SC Issues Notice on Plea Challenging Blanket Immunity for CEC, Election Commissioners

The Supreme Court has sought responses from the Centre and the Election Commission of India (ECI) on a petition challenging the constitutional validity of legal immunity granted to serving and former Chief Election Commissioners (CECs) and Election Commissioners (ECs).

The petition, filed by the Association for Democratic Reforms (ADR), challenges Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana agreed to examine the challenge and issued notices to the Centre and the Election Commission. The court also tagged the petition with an earlier case raising a similar issue.

What Does Section 16 of the 2023 Act Say?

Section 16 bars courts from entertaining or continuing civil or criminal proceedings against any serving or former CEC or Election Commissioner for acts, decisions or statements made while discharging, or purportedly discharging, official duties.

The provision effectively grants the election commissioners protection from legal proceedings even after they leave office, provided the alleged acts fall within the scope of their official functions.

ADR has argued that the provision creates blanket and lifelong immunity without adequate safeguards against alleged misuse of official authority.

Why Has ADR Challenged the Provision?

The organisation has contended that Section 16 places the CEC and Election Commissioners beyond judicial scrutiny and weakens their constitutional accountability.

According to the petition, the provision does not include a condition requiring officials to have acted in good faith. It also lacks a separate sanction mechanism and a saving clause to preserve legal action in appropriate cases.

ADR has argued that no comparable constitutional or statutory protection grants such unconditional lifelong immunity to other constitutional functionaries, including the President, Governors and judges after they leave office.

The petition has also questioned the manner in which the immunity provision was introduced into the 2023 legislation, claiming it was not part of the original Bill and was subsequently inserted through an amendment.

Earlier Petition Also Pending Before Supreme Court

This is not the first legal challenge to Section 16.

The NGO Lok Prahari had earlier approached the Supreme Court, arguing that the provision grants the CEC and Election Commissioners unprecedented protection against civil and criminal proceedings, including cases involving alleged misuse of office.

On January 12, 2026, the Supreme Court issued notices to the Centre and the Election Commission on Lok Prahari's petition but declined to stay the operation of the provision.

The latest petition by ADR has now been tagged with the pending case, bringing the challenges together for consideration.

What Happens Next?

The Supreme Court will examine whether Parliament can constitutionally grant such extensive legal immunity to serving and former election commissioners.

The petitions raise wider questions about the balance between protecting the independence of the Election Commission and ensuring accountability for the exercise of constitutional powers.

Section 16 remains in force as the court has not stayed its operation. The outcome of the proceedings could determine the extent of legal protection available to the country's top election officials.