New Delhi: The Supreme Court on Wednesday sought responses from the Union government and the Election Commission of India (ECI) on a petition challenging the blanket legal immunity granted to the Chief Election Commissioner (CEC) and other Election Commissioners.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana issued notice on a plea filed by activist and lawyer Arun Kumar Agrawal, Bar and Bench reported.
The petition challenges Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which protects the CEC and Election Commissioners from civil and criminal proceedings over acts performed in their official capacity.
The petitioner contends that the provision grants sweeping immunity without requiring that the actions concerned be carried out in good faith. He argues that safeguards against frivolous complaints and prior judicial scrutiny could protect election officials without removing legal accountability.
The plea also questions the manner in which the immunity clause was introduced through an amendment to the original Bill, arguing that no adequate justification was provided for the change.
Referring to alleged irregularities in the ongoing Special Intensive Revision (SIR) of electoral rolls, the petition raises concerns about the accountability of Election Commission officials. It also cites allegations relating to incumbent CEC Gyanesh Kumar's earlier tenure as a public works department secretary in Keralam.
Agrawal has urged the Supreme Court to declare Section 16 unconstitutional. Advocate Neha Rathi appeared for the petitioner.
(With inputs from Bar and Bench)
