Supreme Court to examine lifetime immunity granted to Election Commissioners

The Supreme Court has issued notices to the central government and the Election Commission, seeking their responses on the constitutionality of Section 16 of The Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions Of Service And Term Of Office) Act, 2023.

The provision grants comprehensive, lifelong immunity to the Chief Election Commissioner and other Election Commissioners, shielding them from legal proceedings related to actions taken during their tenure. The challenge has been mounted by RJD MP Manoj Jha, who contends that the blanket immunity provisions conflict with constitutional principles and accountability frameworks.

The petition raises questions about whether such sweeping protections are compatible with India's constitutional framework and the principle of rule of law. The immunity clause potentially prevents any legal action against these officials even after they demit office, regardless of the nature of their conduct.

This case touches on the delicate balance between protecting institutional independence of the Election Commission and ensuring accountability. The Supreme Court's examination of this matter could have significant implications for how immunity provisions are structured for constitutional bodies in India.