SC seeks Centre, EC response on law giving blanket, lifelong immunity to CEC, Election Commissioners
The Supreme Court of India has issued a notice to the government regarding a legal challenge to Section 16 of the 2023 Election Commissioners Act. Petitioners argue that the law's provision for lifelong immunity for Election Commissioners is unconstitutional and violates the basic structure of the Constitution.
Why it matters
This case addresses the balance of power and judicial oversight regarding the independence and accountability of India's top election officials.
NEW DELHI The Supreme Court on Wednesday (November 4, 2026) sought a response from the Union government on petitions challenging the constitutionality of a specific provision in the Chief Election Commissioner-Election Commissioners’ appointment law which grants them blanket, lifelong immunity from any legal action or criminal prosecution, not only during the official tenure but even after retirement. What does the law say about CEC’s removal? | Explained storyline 1 A Bench headed by Chief Justice of India Surya Kant issued notice to both the Centre and the Election Commission of India on petitions filed by RJD MP Manoj Jha, represented by Tanya Srivastava and advocate Arun Kumar Agrawal, represented by advocate Neha Rathi, challenging Section 16 of The Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions Of Service And Term Of Office) Act, 2023. The court listed the petitions on December 18.
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