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The Congress, Trinamool Congress (TMC), Left, Rashtriya Janata Dal (RJD) and other INDIA bloc parties are expected to come together for a joint petition
INDIA block; Gyanesh Kumar
The INDIA bloc is set to move the Supreme Court against the legal protection provided to the Chief Election Commissioner and Election Commissioners under the 2023 law, sources said.
The Congress, Trinamool Congress (TMC), Left, Rashtriya Janata Dal (RJD) and other INDIA bloc parties are expected to come together for a joint petition challenging the immunity provision in the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
The move comes amid the ongoing controversy over the Special Intensive Revision (SIR) of electoral rolls and allegations concerning decisions taken by the Election Commission.
WHAT DOES THE 2023 LAW SAY?
Section 16 of the 2023 Act provides legal protection to the CEC and Election Commissioners for acts, things or words done or spoken in the course of acting, or purporting to act, in discharge of their official duty or function.
The provision specifically covers a person who “is or was” a Chief Election Commissioner or Election Commissioner. This means the protection is not limited to a serving CEC or EC; it also covers former CECs and Election Commissioners for acts falling within the scope of their official duty.
However, the provision is not a blanket immunity for every act.
Section 16 specifically refers to acts, things or words connected with the discharge of official duty or function. The key legal question in the SIR-related controversy would therefore include whether the particular action or decision attributed to the CEC/EC was taken in the discharge of their official duty or function.
A separate Supreme Court petition has already sought action against CEC Gyanesh Kumar over alleged unilateral decisions concerning SIR, while the Election Commission has maintained that SIR-related decisions were taken unanimously by the Commission.
The opposition is raising the question over the immunity provided to CEC since the law was introduced as a bill in the parliament. However, the immunity is not provided to CEC only; the immunity is provided to ECs also. The epicentre of the whole controversy is CEC Gyanesh Kumar, so opposition is saying that the government’s intention to bring this law was to give immunity to CEC Gyanesh Kumar so that he can do as per government’s wish and conduct controversial exercise like SIR.
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Ask News18The INDIA bloc is challenging the legal protection and immunity provision granted to the Chief Election Commissioner and Election Commissioners under the Chief Election Commissioner and Other Election Commissioners Act, 2023, amid controversies surrounding the Special Intensive Revision of electoral rolls.
Ask News18October 02, 2026, 2:23 pm IST
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