The Supreme Court on Monday issued notice to the Centre on a PIL challenging the immunity granted to the Chief Election Commissioner and Election Commissioner under a 2023 law on their appointment and service conditions.
A Bench of CJI Surya Kant and Justice Joymalya Bagchi asked the government to respond to a PIL filed by Lok Prahari — an NGO — challenging Section16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, that grants them immunity and excludes judicial review of their acts of omission and commission in their official capacity.
The Bench, however, refused to stay the impugned provision even as it agreed to examine if this kind of immunity could be granted in terms of the constitutional scheme.
“Notwithstanding anything contained in any other law for the time being in force, no court shall entertain or continue any civil or criminal proceedings against any person who is or was a Chief Election Commissioner or an Election Commissioner for any act, thing or word, committed, done or spoken by him when, or in the course of acting or purporting to act in the discharge of his official duty or function,” Section 16 read.
On behalf of the petitioner NGO, advocate SN Shukla submitted that the impugned provision was brought in at the last minute and during the debate it was said that the bill was being brought under Article 324(2).
However, Article 324 (2) only dealt with the appointment of the CEC and ECs and it had nothing to do with their service conditions, he pointed out.
“In the case of MS Gill, the Constitution Bench had ruled that Article 324 does not exalt the EC to a law unto itself. The impugned provision does precisely that by giving a lifelong, unprecedented immunity to CEC and the EC, which the makers of the Constitution did not grant even to the President, and the governors,” he submitted.
