The Supreme Court on Friday raised serious constitutional concerns over a contentious provision in the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which grants life-long immunity to top election officials from legal proceedings for official acts.
A bench led by Chief Justice of India Surya Kant issued notice to the Union government and the Election Commission of India (ECI) in response to a Public Interest Litigation (PIL) challenging the legality of the immunity clause. The court said the matter “warranted deeper judicial scrutiny.”
“We would like to examine it. We are issuing notice,” the Chief Justice remarked during the hearing.
The PIL contends that Section 11 of the 2023 Act—seen as granting blanket, life-long immunity to the Chief Election Commissioner (CEC) and Election Commissioners (ECs)—violates the constitutional principle of accountability.
Arguing for the petitioner, senior counsel submitted that such an immunity provision is “unprecedented,” and even judges of constitutional courts do not enjoy such sweeping protection.
“The Bill cannot give life-long protection to the CEC and ECs, which even the framers of the Constitution did not grant to judges. Parliament cannot create such an exceptional category of immunity,” the counsel said.
The petition asserts that by insulating Election Commissioners from civil or criminal liability for any act done “in the course of duty,” the provision dilutes public oversight and opens the door to unaccountable conduct by officials tasked with safeguarding democratic processes.
The Chief Election Commissioner and Other Election Commissioners Bill, 2023 was passed by Parliament in December amid strong opposition. It replaced the 1991 law and altered the composition of the selection committee for election commissioners—removing the Chief Justice of India from the panel and replacing him with a cabinet minister nominated by the Prime Minister.
The immunity clause is now the latest flashpoint, with critics warning that it could embolden misconduct and erode public confidence in the independence of the ECI.
The Supreme Court has sought detailed responses from the Union of India and the Election Commission and has not yet fixed a date for the next hearing.
The case adds to the growing list of constitutional challenges to recent electoral reforms, and Friday’s move signals that the top court is prepared to examine whether the new framework for appointing and protecting election commissioners passes the test of democratic accountability.
