Supreme Court Seeks Response to Challenge Against Election Commissioners' Statutory Immunity

The Supreme Court issued notice to the Union and Election Commission on a challenge to statutory protection afforded to the Chief Election Commissioner and Election Commissioners.

Background and legal issue

The Association for Democratic Reforms has questioned Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, arguing against the breadth of protection for acts said to be performed in official duty.

Court's reasoning and legal position

A Bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana sought responses without deciding the constitutional challenge. Issuance of notice means the objections require examination; it is not a declaration that the immunity is unlawful.

Operative effect and next step

The matter remains pending. The Court will consider the statutory language, its constitutional implications and the respondents' defences before deciding whether relief is warranted.