Last Updated on November 4, 2026 8:10 pm by INDIAN AWAAZ
AGENCIES
The Supreme Court has sought responses from the Centre and the Election Commission of India on a petition challenging the constitutional validity of a provision granting blanket legal immunity to the Chief Election Commissioner and other Election Commissioners for acts performed in their official capacity.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana, issued notices today on the petition challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
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 duties. The petitioner has argued that the immunity is excessive and unconstitutional, as it contains no exception even for acts allegedly committed without good faith. The plea contended that the blanket protection leaves voters, candidates and citizens without recourse against alleged wrongful or mala fide actions by the Commission. It argued that safeguards against frivolous complaints and prior judicial scrutiny would adequately protect election commissioners without completely barring legal remedies.