The Supreme Court on Tuesday issued notice to the Centre and the Election Commission of India (ECI) on a public interest litigation challenging the legal protection given to the Chief Election Commissioner (CEC) and other Election Commissioners.
A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana asked the Union government and the poll panel to respond to a petition filed by the Association for Democratic Reforms (ADR). The provision shields serving and former holders of these offices from legal proceedings over acts, things or words done or spoken while carrying out, or claiming to carry out, their official duties.
The plea targets Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
Under the law, the selection committee consists of the Prime Minister, the Leader of Opposition in the Lok Sabha and a Union Cabinet minister nominated by the Prime Minister. Union of India, which had included the CJI alongside the Prime Minister and the Leader of Opposition. It replaced the interim arrangement set by the Supreme Court in its March 2023 judgment in Anoop Baranwal v.
The matter is tentatively listed for the next hearing on November 2, according to the case status on the court’s website.
