New Delhi/Alive News: The Supreme Court on Wednesday sought responses from the Centre and the Election Commission of India (ECI) on a petition challenging the legal immunity granted to the Chief Election Commissioner (CEC) and other Election Commissioners for actions taken while performing their official duties.
A bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, issued notices on a petition filed by activist and lawyer Arun Kumar Agrawal.
The petition challenges Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. It seeks to declare the provision unconstitutional.
What Does Section 16 Say?
Section 16 protects the CEC and other Election Commissioners from civil and criminal proceedings for actions taken while performing their official duties.
The petitioner argues that this protection is too broad and does not provide exceptions for actions allegedly taken in bad faith. He says constitutional office-holders should be protected from unnecessary legal interference but should not be completely beyond legal scrutiny.
Questions Raised Over Introduction of the Clause
According to the petition, the original Bill did not contain a provision granting such blanket immunity. The clause was added through a later amendment without clearly explaining the reasons behind it.
The petitioner has argued that the provision weakens accountability and could affect public confidence in the Election Commission.
SIR Exercise Also Mentioned
The petition also refers to concerns and allegations surrounding the ongoing Special Intensive Revision (SIR) of electoral rolls. It raises questions about the software used in the exercise and alleged objections by Election Commissioners.
It also refers to allegations concerning the conduct of incumbent CEC Gyanesh Kumar during his earlier tenure in the Kerala government.
The Supreme Court will examine the legal challenge after receiving responses from the Centre and the Election Commission.
