Can Election Commissioners Have Lifelong Immunity? SC Issues Notice To Centre, ECI On ADR Plea

Last Updated:October 14, 2026, 00:51 IST

Experts say such absolute immunity poses significant constitutional questions regarding checks and balances

Chief Election Commissioner Gyanesh Kumar, centre, with Election Commissioners SS Sandhu, left, and Vivek Joshi. (File image: PTI)

The Supreme Court of India has agreed to examine a petition challenging the constitutional validity of Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023. A bench headed by Chief Justice Surya Kant, alongside Justices Joymalya Bagchi and V Mohana, issued formal notices to the Union Government and the Election Commission of India seeking their responses.

The petition, filed by the non-governmental organisation Association for Democratic Reforms, challenges the legal provision that grants lifelong civil and criminal immunity to serving and former election commissioners for actions taken in their official capacity.

Challenging Section 16 of the 2023 Statute

The controversy centres on Section 16 of the 2023 statute, which explicitly bars courts from entertaining or continuing any civil or criminal proceedings against a serving or former Chief Election Commissioner or Election Commissioner for any act, deed, or statement executed during the discharge or purported discharge of official duties.

Petitioners argue that granting absolute legal protection shields electoral officials from democratic accountability, creating an unconstitutional shield against judicial scrutiny even in cases of alleged misconduct or misuse of office. The plea contends that such unbridled immunity undermines the principle of equality before the law and compromises the constitutional guarantee of free and fair elections.

Judicial Precedent and Tagged Petitions

During the hearing, the Supreme Court directed that the fresh plea be tagged alongside an earlier, similar petition filed by the NGO Lok Prahari, which also questioned the scope of lifetime protection extended to top election officials.

While the apex court previously agreed to examine the constitutional challenge raised in the Lok Prahari matter, it declined to pass an interim stay on the operation of Section 16. The bench noted that similar issues concerning electoral administration and official accountability require a comprehensive review, directing the Solicitor General’s office to prepare a unified framework of all pending petitions to streamline further proceedings.

Broader Implications for Electoral Integrity

The judicial review comes amid heightened public discourse surrounding institutional transparency and the independence of electoral oversight bodies. Legal experts emphasise that while statutory protections are traditionally designed to safeguard public officials from frivolous litigation, absolute immunity poses significant constitutional questions regarding checks and balances.

The Supreme Court is tentatively scheduled to resume detailed arguments on the matter in early November 2026, when the central government and the poll panel are expected to submit their formal legal counter-affidavits.

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What legal provision is being challenged regarding election commissioners in India?

A petition filed by the NGO Association for Democratic Reforms challenges Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which grants lifelong civil and criminal immunity to serving and former election commissioners for official actions.

How has the Supreme Court responded to the plea challenging Section 16 of the 2023 Act?

A bench headed by Chief Justice Surya Kant, alongside Justices Joymalya Bagchi and V Mohana, issued formal notices to the Union Government and the Election Commission of India, directing that the new plea be tagged alongside a similar petition filed by Lok Prahari.

When is the Supreme Court scheduled to resume detailed arguments on the election commissioners’ immunity?

The Supreme Court is tentatively scheduled to resume detailed arguments on the matter in early November 2026, at which point the central government and the poll panel are expected to submit their formal legal counter-affidavits.

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Pathikrit Sen Gupta

Pathikrit Sen Gupta is a Senior Associate Editor with News18.com and likes to cut a long story short. He writes sporadically on Politics, Sports, Global Affairs, Space, Entertainment, And Food. He tra…Read More

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