SC to examine challenge to CEC, ECs’ prosecution shield

The Supreme Court on Monday agreed to examine a constitutional challenge to the law granting blanket permanent immunity from any criminal prosecution to the chief election commissioner (CEC) and election commissioners for any of their acts or decisions in discharge of their official duty even as it refused to stay the law.

- Abraham Thomas

A bench headed by Chief Justice of India (CJI) Surya Kant sought the response of the Centre and Election Commission of India (ECI) while issuing notice on a PIL filed by a nonprofit organisation Lok Prahari. The matter has been tentatively posted for hearing in March.

The NGO was represented by its founder SN Shukla, who questioned the immunity provided under section 16 of The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. Shukla said, “This kind of a lifelong immunity to CEC and ECs is unprecedented. The Constitution does not grant such an immunity even to the President, Prime Minister or judges.”