Court issues notice to Centre on pleas challenging legal immunity for CEC, ECs

The Supreme Court has issued notice on an ADR plea challenging Section 16 of the 2023 law granting immunity to the Chief Election Commissioner and Election Commissioners for acts performed in official duty. The plea has been tagged with pending petitions, including a separate challenge by Lok Prahari, which is listed for November 16.

In Short

• Section 16 blocks civil and criminal cases over official acts
• Justice Joymalya Bagchi said multiple petitions on the issue require hearing
• The Solicitor General's office was asked to map petitions and issues

The Supreme Court issued notice on a PIL filed by political watchdog Association for Democratic Reforms (ADR) challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, and tagged it with petitions already pending before the court.

Section 16 bars courts from entertaining or continuing civil or criminal proceedings against the CEC and ECs for acts committed in the discharge of their official duties.

“There are multiple petitions...there are lawyers' petitions, journalists' petitions...all these matters have to be heard,” Justice Joymalya Bagchi observed.

Chief Justice of India Surya Kant asked the Solicitor General's office to prepare a chart listing all the petitions and the issues involved, saying it could help the government prepare its response.

The matter is tentatively listed for hearing on November 6.

WHAT DOES THE PIL ARGUE?

ADR has argued that Section 16 grants the CEC and ECs blanket immunity from prosecution, placing serving and former election commissioners beyond constitutional accountability. It contends that the provision lacks a good-faith condition, a separate sanction mechanism and a saving clause.

The petition also argues that comparable protection is not available to other constitutional functionaries, including the President, state Governors, judges and the Prime Minister after they leave office.

ADR has further challenged the manner in which the provision was introduced and passed. According to the petition, Section 16 was absent from the original Bill introduced in Parliament on August 10, 2023, and the Statement of Objects and Reasons dated August 4, 2023, did not refer to any immunity.

The petition alleges that the provision was introduced through an executive amendment and passed without debate. It further claims that the objection to the amendment was dismissed on a day when a majority of Opposition MPs had been suspended.

EARLIER CHALLENGE REMAINS PENDING

A separate PIL filed by Lok Prahari also challenges Section 16, raising similar questions about its constitutionality.

The Supreme Court issued notice to the Centre and the Election Commission of India (ECI) in that case on January 12, 2026, seeking their responses. The matter was listed again on March 16 and October 5, but there was no effective hearing on either date. In August, the petitioners had pointed out that neither the Centre nor the ECI had filed a reply.

According to the Supreme Court website, the Lok Prahari petition is now tentatively scheduled for hearing on November 16, 2026.

The petition seeks a declaration that Section 16 is beyond Parliament's competence and violates Articles 14 and 324(5) of the Constitution, along with an order striking down the provision as unconstitutional.

- Ends