NEW DELHI: Questioning the legal shield granted to serving and former chief election commissioners (CEC) and election commissioners under a new law, former election commissioner Ashok Lavasa on Friday described the provision as an “extraordinary protection.”“I am not aware of any comparable protection available to other public institutions or public servants. In a democracy, accountability is paramount, and therefore this kind of legal shield, in my view, should not exist. Even if a right decision has been taken, it must still stand the test of being defended before a court of law,” Lavasa said on the sidelines of a panel discussion on accountability for the Election Commission (EC).The Supreme Court has agreed to examine a plea challenging the immunity granted to the chief election commissioner (CEC) and election commissioners under the CEC and EC Appointment Act, 2023.The petition contends that the provision confers “unprecedented, unbridled power” on the CEC and election commissioners by granting them permanent, blanket immunity from both civil and criminal proceedings, even in cases of alleged misuse of office.
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Clause 16 of the law states that 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, deed or statement committed, done or spoken while acting, or purporting to act, in the discharge of official duties or functions.Lavasa, who was appointed as one of two election commissioners in January 2018, resigned in August 2020 to join the Asian Development Bank (ADB). He drew national attention in 2019 after recording a dissenting opinion in a panel decision on complaints against Prime Minister Narendra Modi and then BJP president Amit Shah during the Lok Sabha election campaign.(With PTI inputs)
