Supreme Court To Hear Plea Challenging Lifelong Immunity Given To Chief Election Commissioner & Election Commissioners

The Supreme Court today issued notice in a PIL challenging the immunity granted to the Chief Election Commissioner and Election Commissioner under the CEC Act 2023. 

The bench of CJI Surya Kant and Justice Joymalya Bagchi was hearing a PIL by Lok Prahari challenging S.16 of The Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions of Service And Term of Office) Act, 2023. 

Notably, S.16 states: Notwithstanding anything contained in any other law for the time being in force, no Court shall entertain or continue any civil or criminal proceedings against any person who is or was a Chief Election Commissioner or an Election Commissioner for any act, thing or word, committed, done or spoken by him when, or in the course of acting or purporting to act in the discharge of his official duty or function.

Advocate SN Shukla, appearing for Prahari, stressed the issue of a life-long immunity granted to the Chief Election Commissioner (CEC) 

"In the case of Mr MS Gill, the Constitution bench had ruled that Article 324 does not exalt the ECI to a law unto itself. The impugned provision does precisely that by giving a lifelong, unprecedented immunity to CEC and the EC, which the makers of the Constitution did not grant even to the President, and the governors." 

Shukla also pointed out that the impugned provision was not there in the original bill and was only brought in at the last minute. He added that during the debate, it was stated that the bill was being brought under Article 324(2). However, Article 324 (2) only dealt with the appointment of the CEC and EC and had nothing to do with the service conditions. 

The Counsel also urged the court to stay the impugned provision, "in view of the gravity of the continuing irreparable loss caused to the cause of free and fair election" 

The bench, refusing to stay the impugned provision, issued notice on the aspect of whether "this kind of immunity can be granted in terms of our constitutional scheme or not." 

Case Details : LOK PRAHARI Versus UNION OF INDIA AND ANR.| W.P.(C) No. 1150/2025