The Supreme Court has agreed to examine a plea against the blanket immunity that the 2023 Act gives the Chief Election Commissioner and Election Commissioners, and has issued notice on itThis happened during the SIR hearing, where the bench also pressed the Election Commission on its timelines and on what protections voters have.
Published: November 4, 2026, 6:26 PM IST
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Section 16 of the Act bars civil and criminal proceedings against the CEC and Election Commissioners for acts done in the discharge of their official dutiesFile image
The Supreme Court asked the Centre and the Election Commission of India (ECI) to respond to a petition that questions the constitutional validity of a provision shielding the Chief Election Commissioner (CEC) and other Election Commissioners from legal action for anything they do in their official roles on Wednesday.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana issued notices on a petition filed by activist-lawyer Arun Kumar Agrawal, challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
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Section 16 of the Act bars civil and criminal proceedings against the CEC and Election Commissioners for acts done in the discharge of their official dutiesThe petitioner has argued that the immunity is excessive and unconstitutional, as it contains no exception even for acts allegedly committed without good faith.
“Independence of the Election Commission does not mean that its members should be free from legal accountability,” the plea statesIt argued that safeguards against frivolous complaints and prior judicial scrutiny would adequately protect election commissioners without completely barring legal remedies.
The plea further contended that the blanket protection leaves voters, candidates and citizens without recourse against alleged wrongful or mala fide actions by the CommissionIt also questioned the manner in which the immunity clause was introduced through an amendment to the 2023 Bill, alleging that no adequate justification was offered for granting such sweeping protection.
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The petitioner has cited concerns surrounding the ongoing Special Intensive Revision (SIR) of electoral rolls, including reported objections by election commissioners to aspects of the exercise and alleged concerns over the software being usedThe plea also referred to allegations concerning CEC Gyanesh Kumar’s conduct during his earlier tenure as Kerala’s Public Works Department Secretary, arguing that blanket immunity should not extend to acts lacking good faithThe petitioner has urged the apex court to strike down Section 16 as unconstitutional.
