No law for Election Commissioners? Supreme Court takes a tough stance on lifetime immunity issue, seeks response from the Centre
The Supreme Court has issued notices to the Central Government and the Election Commission. The notice seeks a response to a petition challenging the validity of a law enacted by Parliament that grants lifelong immunity from prosecution to the Chief Election Commissioner and Election Commissioners.
What the Chief Justice’s bench said:
While hearing the petition, the bench headed by Chief Justice Surya Kant said that they would like to examine the matter. They are issuing a notice. The petition challenged a provision of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023.
Serious allegations made in the petition:
The petition alleged that the law grants the Chief Election Commissioner (CEC) and Election Commissioners (ECs) lifelong immunity from civil and criminal proceedings for any actions taken while performing their official duties.
Even judges don’t have this kind of immunity:
The petitioner’s lawyer argued that this bill cannot grant the CEC and EC such unprecedented power for life, a power that the framers of the Constitution did not even grant to judges. Parliament cannot grant such immunity that the framers of the Constitution did not grant to other dignitaries.
