CEC immunity: SC seeks Centre, ECI reply on ADR plea against Section 16
Why in the news
The Supreme Court issued notice to the Union of India and the Election Commission on 13 October 2026 on a petition by the Association for Democratic Reforms (ADR) challenging the lifelong legal immunity given to the Chief Election Commissioner (CEC) and Election Commissioners (ECs). The issue was analysed in The Hindu on 16 October.
Key facts
- Bench: CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana.
- Law challenged: Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
- What Section 16 does: stops courts from hearing civil or criminal proceedings against present or former CEC/ECs for acts or words in the discharge of official duty.
- Grounds: breach of Article 14 (equality) and Article 21 (life and liberty) and of the basic structure; no good-faith test, sanction mechanism or saving clause.
- Legislative history: the clause was absent from the original Bill and added through an official amendment in December 2023.
- Tagging: the plea was tagged with a pending petition by the NGO Lok Prahari.
Comparison of immunity
| Office | Immunity |
|---|---|
| President and Governors (Article 361) | Limited; civil suits allowed after two months’ notice |
| Judges, CAG, Lokpal, Information Commissioners | No comparable lifelong immunity |
| CEC and ECs (Section 16, 2023 Act) | Lifelong bar on civil and criminal proceedings for official acts |
About the 2023 Act
The 2023 Act replaced the 1991 law on the service conditions of Election Commissioners, which had no such immunity. The Law Minister had said the clause would help the CEC and ECs work independently and without hindrance.
Exam angle
- Section 16 was added by amendment on the day the Bill passed the Rajya Sabha.
- Article 361 gives limited immunity to the President and Governors.
- Petitioner: ADR; respondents: Union of India and ECI.