Supreme Court Questions Lifetime Immunity for Election Commissioners

The Supreme Court on Monday heard a petition challenging a 2023 amendment that grants lifetime immunity from prosecution to the Chief Election Commissioner (CEC) and Election Commissioners for actions taken in the course of their official duties. The plea argues that such sweeping protection undermines constitutional accountability and exceeds the safeguards granted even to the highest constitutional authorities.

Filed by NGO Lok Prahari, the petition contended that the provision is excessive and unconstitutional, noting that “not even the President of India” enjoys such broad immunity from criminal prosecution. The petitioner argued that the law creates an uneven legal standard and shields election officials from accountability beyond reasonable limits.

The petition further highlighted that during parliamentary debates, the government had described the legislation as dealing only with service conditions. Granting immunity from criminal prosecution, the plea argued, cannot be classified as a service condition and therefore goes beyond the scope and intent of the law passed by Parliament.

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Raising concerns over democratic integrity, the petitioner warned that the provision could “harm free and fair elections” by insulating election authorities from legal scrutiny. It urged the Supreme Court to immediately stay the operation of the immunity clause until the matter is fully adjudicated.

However, the Supreme Court declined to grant an interim stay at this stage. Chief Justice of India Surya Kant observed that while the issue is significant, a stay was “not needed” at present. He added that the court would examine whether the provision causes constitutional harm and whether such an exemption is legally permissible.

The court has issued notices to the Union government and the Election Commission of India, seeking their responses to the challenge. The case is expected to have far-reaching implications for electoral accountability and the balance between institutional independence and legal oversight.

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