When the referee gets immunity

A modern democracy asks its election referee to do two things at once: remain fearless against political pressure, and remain accountable to the Constitution.

- TDG NETWORK

That tension is now at the Supreme Court's doorstep.

On January 12, 2026, the Court issued notice to the Centre and the Election Commission on a plea challenging the legal immunity granted to the Chief Election Commissioner (CEC) and Election Commissioners (ECs), signalling that it wants to “examine” the issue.

The controversy is not the idea that officials need some protection to do their job. It is the breadth of the protection written into the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. Section 16 states that no court shall entertain or continue any civil or criminal proceedings against a person who is or was the CEC or an EC for any act, thing, or word committed, done, or spoken while acting or purporting to act in the discharge of official duty or function.