New Delhi (India) November 4: The Supreme Court issued notice to the Central Government and the Election Commission on a plea that questions the legal immunity provided to the Chief Election Commissioner (CEC) and Election Commissioners for all decisions taken in exercise of their duties. 

Supreme Court Issues Notice On Plea

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana issued notice on the plea which challenges the constitutionality of Section 16. The law states that, as an officer performing their duty, the CEC and the Election Commissioners are not to be held accountable or prosecuted for any of their actions during their term in office. 

It is in Section 16 that it provides protection to the CEC and the Election Commissioners against legal suits in respect of any statement, decision or action on their part while discharging their official functions for as long as the statute is applicable. 

Jha Questions Legal Protection

The bench directed the Central Government to reply to the petitions by RJD Member of Parliament (MP) Manoj Jha and activist Arun Agrawal in four weeks.

In his petition, the RJD Member of Parliament argued that the provision protects unelected constitutional officials in a manner that it does not extend to the President, members of Parliament, or judges of the Supreme Court and high courts. He also stated that parliament cannot do by a law what it cannot do by constitutional amendment.

"Parliament, by a late official amendment to an ordinary Bill, has handed the Chief Election Commissioner and the Election Commissioners a protection wider than all of them: civil and criminal, during office and for life after it, with no carve-out for corruption, mala fides or crime, and with no authority anywhere empowered to lift it," the plea said.

Agrawal Challenges Blanket Immunity

Agrawal contended that the Constitution provides independence of constitutional bodies through security of tenure and protection from transfer by the government, but does not mandate an absolute immunity from legal processes.

"The objective of protecting Election Commissioners from vexatious proceedings can be achieved through less restrictive measures, such as safeguards against frivolous complaints and prior judicial scrutiny. Granting blanket immunity is therefore excessive and goes beyond what is necessary to protect the independence of the Election Commission," the plea said.

"The said section takes away every civil and criminal remedy against the CEC and ECs for their acts. A voter whose name is wrongly deleted from the electoral roll, a candidate prejudiced by a mala fide act, and any citizen aggrieved by corruption in the functioning of the Commission are left without a remedy," it added.