The Supreme Court has issued notice to the Union government and the Election Commission of India on a petition challenging a 2023 legal provision that grants the Chief Election Commissioner and other Election Commissioners lifetime protection from criminal prosecution for actions taken in the course of official duties.
The petition was filed by the Association for Democratic Reforms, seeking to strike down the provision. The matter was heard by a bench led by Chief Justice Surya Kant, along with Justices Jaymalya Bagchi and V. Mohana.
Counsel for the petitioner argued that extending protections comparable to those available to judges is contrary to the basic principles of constitutional law. It was also contended that the provision could create a situation where decisions of the Election Commission cannot be effectively questioned, and an interim stay was sought.
The bench said it could not pass an immediate interim order staying the provision. Observing that the issue requires detailed consideration—particularly whether such protection can be granted to a high constitutional office—the court directed the Centre and the Election Commission to file detailed responses and adjourned the case.
