NEW DELHI: The Supreme Court of India on Monday decided to examine the validity of a law enacted by Parliament that grants life-long immunity from prosecution to the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
The decision came while the court was hearing a plea filed by NGO Lok Prahari. A bench headed by Justice Surya Kant said it would examine whether such immunity, which is not available to the President or Governors, could be extended to the CEC and ECs.
“This is an important issue. We will examine the matter to determine whether this provision is causing any harm and whether such an exemption can be granted under the Constitution,” the bench said, while agreeing to hear the matter.
The court issued notices to the Centre and the Election Commission, seeking their responses on the issue. However, it refused to stay the provision for now, saying that a stay was “not needed” at present.
Arguing the case, Lok Prahari said that even the President of India does not enjoy such wide legal immunity. It pointed out that during the parliamentary debate on the law, a minister had stated that the Bill dealt only with service conditions. The NGO argued that immunity from criminal prosecution cannot be treated as a service condition.
The petition further contended that the provision “harms free and fair elections” and urged the court to immediately stay its operation.
The amendment granting protection from legal proceedings to the Chief Election Commissioner and Election Commissioners for actions taken in the discharge of their official duties was introduced in 2023.