SC Issues Notice on PIL Challenging EC Immunity

On 12th January 2026, the Supreme Court of India issued notice on a Public Interest Litigation (PIL) challenging the legal provision granting immunity to the Chief Election Commissioner (CEC) and Election Commissioners (ECs) for decisions taken while in office, but declined to stay the provision.

Key Points:

Law Challenged: The plea challenges Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which grants immunity from civil and criminal proceedings for acts done in discharge of official duties.
Content of Section 16: The provision bars courts from entertaining or continuing proceedings against serving or former CECs and ECs for actions taken while acting or purporting to act in official capacity.
Constitutional Objection: The petitioner argued that Parliament invoked Article 324(2) of the Constitution, which only deals with appointments, not service conditions or immunity, making the provision constitutionally questionable.
Comparison with Constitutional Offices: The plea claimed that even constitutional authorities like the President, Governors, and judges do not enjoy such blanket immunity.
Court’s Observation: The CJI stated that such provisions cannot be stayed routinely and clarified that the Court would examine whether granting such immunity aligns with the constitutional scheme.
Concerns Raised: The plea argued that the provision grants “unprecedented and unbridled” lifetime immunity, potentially affecting the fairness of elections and the level playing field.
Significance: The case raises important questions on accountability of constitutional authorities, rule of law, and the balance between institutional independence and legal oversight in India’s democratic framework.