- Supreme Court sought responses on plea challenging election commissioners’ immunity.
- Petitioner questions legislative process, potential impact on voters.
The Supreme Court on Wednesday sought responses from the Centre and the Election Commission of India (ECI) to a petition challenging the legal immunity granted to the Chief Election Commissioner (CEC) and other Election Commissioners. The plea questions Section 16 of the 2023 law, which bars civil and criminal proceedings against election commissioners for acts done in the discharge of their official duties. A Bench led by Chief Justice of India Surya Kant issued notice on a petition filed by activist and lawyer Arun Kumar Agrawal.
Immunity Challenged
The petition argues that the provision grants the CEC and Election Commissioners blanket protection, without exceptions for acts allegedly not carried out in good faith. It says protections available to other constitutional functionaries are generally limited to acts done, or intended to be done, in good faith.
The petitioner contends that the ECI functioned effectively for decades without such blanket immunity. It argues that safeguards against frivolous complaints and prior judicial scrutiny could protect commissioners from vexatious litigation without removing legal remedies altogether.
The plea says voters whose names are wrongly deleted from electoral rolls, candidates affected by allegedly mala fide decisions and citizens raising corruption concerns could be left without an effective remedy.
Also Read: Cabinet Clears Two-Year Extension For 75% of Agniveers; Fresh Chance To Join Armed Forces
2023 Law Questioned
The petition also points to the legislative process behind Section 16. It says the original Bill did not include the immunity clause and that a later amendment introducing it was not supported by adequate reasons.
The petitioner further argues that the parliamentary justification did not establish why such broad protection was necessary or proportionate. It also notes that the Bill was passed when several Opposition MPs were suspended from Parliament.
The plea maintains that the Election Commission’s independence should not place its members beyond legal accountability.
SIR Concerns Cited
The petitioner has linked the challenge to allegations surrounding the ongoing Special Intensive Revision (SIR) of electoral rolls, citing Indian Express report about objections reportedly raised by two Election Commissioners and concerns over the software used in the exercise.
The plea also refers to allegations concerning CEC Gyanesh Kumar’s earlier tenure as Kerala’s Public Works Department secretary.
It questions whether election commissioners should enjoy blanket immunity even in cases involving alleged actions not undertaken in good faith.
The petitioner has urged the Supreme Court to declare Section 16 of the 2023 Act unconstitutional.
Advocate Neha Rathi appeared for the petitioner.
Also Read: ‘Trump Controls Modi’: Rahul Gandhi Challenges PM To Debate, Attacks AAP Over Punjab’s Drug Crisis
Disclaimer : This story is auto aggregated by a computer programme and has not been created or edited by DOWNTHENEWS. Publisher: abplive.com
