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CEC immunity: SC seeks Centre, ECI reply on ADR plea against Section 16

16 October 20261 min read
NATIONAL AFFAIRSCEC immunity: SCseeks Centre, ECIreply on ADR pleaagainst Section 1616 October 2026safalsetu.com

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

OfficeImmunity
President and Governors (Article 361)Limited; civil suits allowed after two months’ notice
Judges, CAG, Lokpal, Information CommissionersNo 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.

Test yourself

1. Which section of the CEC and Other ECs Act, 2023 grants immunity to the CEC and ECs, challenged by ADR?

ADR challenged Section 16, which bars civil and criminal proceedings for official acts.

2. Which organisation filed the October 2026 Supreme Court plea against lifelong immunity for the CEC and ECs?

The Association for Democratic Reforms (ADR) filed the petition; it was tagged with a Lok Prahari plea.

3. Which Article gives limited immunity to the President and Governors, cited in comparison with Section 16?

Article 361 gives the President and Governors only limited immunity.

Sources: LiveLaw, Legacy IAS (The Hindu analysis, 16 October 2026)