Supreme Court to examine lifelong immunity shield for CEC, Election Commissioners

Mangalore Today News Network

New Delhi, Nov 5, 2026: The Supreme Court on Wednesday agreed to examine the constitutional validity of the blanket immunity from prosecution granted to the Chief Election Commissioner (CEC) and Election Commissioners under a 2023 law.

A three-judge bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana issued notices to the Centre and the Election Commission of India (ECI).

The bench directed the respondents to file their counter-affidavits within four weeks and scheduled the next hearing for December 18.

The petitions, filed by RJD MP Manoj Kumar Jha and activist Arun Agrawal, challenge Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

The petitioners argued that the provision violates the basic structure of the Constitution by granting lifelong immunity from legal proceedings to the heads of the Election Commission.

Their challenge is primarily based on the constitutional principle of equality before the law.

The petitioners pointed out that Article 361 of the Constitution grants limited immunity to the President and state Governors only during their tenure, which ceases once they leave office. In contrast, Section 16 provides what they described as an unconstitutional lifelong shield to appointed officials.

The pleas also highlighted the absence of an effective mechanism to hold Election Commissioners accountable for actions taken in bad faith.

They argued that even if an election official deliberately manipulates an election or abuses their powers, the provision prevents courts from taking cognisance of such offences.

According to the petitioners, this creates an "autocracy within the electoral framework" and violates Articles 14 and 21 of the Constitution by denying citizens their fundamental right to seek judicial remedies.