The constitutional validity of a law granting lifelong immunity from civil and criminal suits to the Chief Election Commissioner (CEC) and other election commissioners for their official acts has been challenged in the Supreme Court. In this matter, the Supreme Court has issued a notice to the Central Government and the Election Commission of India and sought their reply.
Challenge given regarding section 16
This challenge has been given regarding Section 16 of the ‘Chief Election Commissioner and Other Election Commissioners Act, 2023’. Under this provision the Chief Election Commissioner and other Election Commissioners enjoy legal protection from civil suits and criminal proceedings in respect of acts done in the discharge of official duties.
ADR filed petition in Supreme Court
The organization that filed the petition in this case is Association for Democratic Reforms (ADR). The Supreme Court bench includes Chief Justice Surya Kant and Justice Joymalya Bagchi and Justice V. Mohana. The court has clubbed this petition with the already pending Lok Prahari petition on the same issue.
Know what is the provision of Section 16?
Under Section 16, no civil suit or criminal prosecution can be instituted against the Chief Election Commissioner or other Election Commissioners for acts done or statements made in the course of their official functions. This exemption remains applicable while he holds office and continues even after leaving office.
Know what was the argument given in the ADR petition?
ADR has argued in its petition that this provision can make the Election Commissioners beyond accountability. The petitioner has sought to declare Section 16 unconstitutional, calling it against Articles 14 and 21 of the Constitution as well as the basic structure of the Constitution. The petition also raised the question as to why such blanket protection has been given to election commissioners when people holding other constitutional posts do not enjoy such lifelong legal immunity.
Chief Election Commission Gyanesh Kumar is in the news a lot. Recently, the Election Commission of India (EC) has clarified that the old voters whose name is not included in the existing voter list can also fill Form-6 to get their new name added. The Commission has appealed to the voters to apply without any hesitation and get their names included in the voter list.
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SK Sharma is a content writer who writes on news, entertainment, and lifestyle topics. She has over four years of experience and is known for conveying information in simple and clear language.
