The Supreme Court on Tuesday asked the Centre and the Election Commission of India to respond to a public interest plea that challenges the legal immunity enjoyed by the Chief Election Commissioner and other Election Commissioners. The court was hearing an appeal filed by the Association for Democratic Reforms against a provision of the 2023 law governing the poll panel.
A bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, issued notices to the Union government and the poll panel and sought their replies. According to the case status on the apex court's website, the matter is tentatively listed for further hearing on November 2.
What the plea targets
The challenge is aimed at Section 16 of the Chief Election Commissioner and the other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The provision bars any court from entertaining or continuing civil or criminal proceedings against a person who is or was a Chief Election Commissioner or an Election Commissioner for anything done or said in the course of discharging, or purporting to discharge, official duty.
The petitioner, the Association for Democratic Reforms, has argued that this sweeping protection violates Articles 14 and 19 of the Constitution. In the organisation's view, the provision places constitutional functionaries beyond the ordinary reach of law and weakens accountability, besides potentially shielding the arbitrary exercise of power or corruption from judicial scrutiny.
Part of a wider scrutiny
The petition is the latest in a series of legal challenges around the 2023 law and the functioning of the poll panel. Earlier this month, the Supreme Court had issued notice on a separate plea questioning whether CEC Gyanesh Kumar could individually exercise powers vested in the multi-member constitutional body.
Last month, a two-judge bench delivered a split verdict on whether petitions challenging the 2023 law — including its removal of the Chief Justice of India from the selection committee for appointing election commissioners — should be referred to a Constitution Bench. The papers have since been placed before the Chief Justice of India to decide on constituting a larger bench.
Sources:
SC issues notice to Centre, ECI on plea challenging blanket immunity to CEC, ECs — The Hans India (IANS)
A bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, issued notices to the Union government and the poll panel and sought their replies. According to the case status on the apex court's website, the matter is tentatively listed for further hearing on November 2.
What the plea targets
The challenge is aimed at Section 16 of the Chief Election Commissioner and the other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The provision bars any court from entertaining or continuing civil or criminal proceedings against a person who is or was a Chief Election Commissioner or an Election Commissioner for anything done or said in the course of discharging, or purporting to discharge, official duty.
The petitioner, the Association for Democratic Reforms, has argued that this sweeping protection violates Articles 14 and 19 of the Constitution. In the organisation's view, the provision places constitutional functionaries beyond the ordinary reach of law and weakens accountability, besides potentially shielding the arbitrary exercise of power or corruption from judicial scrutiny.
Part of a wider scrutiny
The petition is the latest in a series of legal challenges around the 2023 law and the functioning of the poll panel. Earlier this month, the Supreme Court had issued notice on a separate plea questioning whether CEC Gyanesh Kumar could individually exercise powers vested in the multi-member constitutional body.
Last month, a two-judge bench delivered a split verdict on whether petitions challenging the 2023 law — including its removal of the Chief Justice of India from the selection committee for appointing election commissioners — should be referred to a Constitution Bench. The papers have since been placed before the Chief Justice of India to decide on constituting a larger bench.
Sources:
SC issues notice to Centre, ECI on plea challenging blanket immunity to CEC, ECs — The Hans India (IANS)