SC issues Centre, ECI notice over blanket immunity for CEC
What's the story
The Supreme Court has sought a response from the central government and the Election Commission of India (ECI) on a petition challenging a provision that gives blanket immunity to the Chief Election Commissioner (CEC) and Election Commissioners (ECs). The petition, filed by activist and lawyer Arun Kumar Agrawal, challenged Section 16 of Chief Election Commissioner and Other Election Commissioners Act, 2023. This section provides lifelong protection to them from civil or criminal proceedings for acts done in their official capacity.
Legal challenge
Petition highlights historical precedent of limited protections
The petition argues that similar protections for other constitutional functionaries are usually limited to acts done or intended to be done in good faith.
It points out that such a balanced approach was previously adopted for ECs before the introduction of Section 16 through the 2023 Act.
"Despite the absence of such blanket immunity, the Election Commission....successfully conducted elections over several decades," it states, adding that effective functioning can be achieved without granting members blanket immunity from legal proceedings.
Alternative proposals
Petitioner calls for less restrictive measures
Calling the blanket immunity "excessive," the plea says, "The objective of protecting Election Commissioners from vexatious proceedings can be achieved through less restrictive measures, such as safeguards against frivolous complaints and prior judicial scrutiny."
"The said section takes away every civil and criminal remedy against the CEC and ECs for their acts. A voter whose name is wrongly deleted...a candidate prejudiced by a mala fide act, and...citizen aggrieved by corruption in the functioning of the Commission are left without remedy."
Legal scrutiny
Concerns over parliamentary process in passing the bill
The petitioner also recounted that the 2023 bill initially did not contain any provision granting such blanket immunity to the CEC and ECs.
He points out that the final version of the Bill was passed by Parliament when many Opposition MPs were suspended.
"That independence of the Election Commission does not mean that its members should be free from legal accountability," he states in his plea.
IE report
Petitioner urged SC to declare Section 16 unconstitutional
The plea also highlights concerns over alleged irregularities in the ongoing SIR of electoral rolls, citing the Indian Express report, which said objections were raised by two ECs several times to certain aspects of the exercise and concerns about the integrity of the software used to carry out the SIR.
It also mentioned the alleged ₹2 crore corruption case against Kumar when he was PWD secretary in Kerala.
The petitioner, therefore, urged the SC to declare Section 16 unconstitutional.