SC slams 'blanket immunity' for Chief Election Commissioner, seeks govt and Election Commisssion's response

New Delhi (The Uttam Hindu): The Supreme Court has agreed to examine the constitutional validity of the controversial law passed by the Parliament, under which the Chief Election Commissioner and other Election Commissioners have been granted lifelong immunity from prosecution for their decisions. Taking a tough stand in this matter, the Court has raised the question whether such special immunity can be given to the Chief Election Commissioner and the Election Commission, which is not constitutionally available even to the President or the Governor? While hearing the petition of the NGO 'Lok Prahari' on this important issue, the apex court has issued notice to the Central Government and the Election Commission.

Response must be given within four weeks

This crucial hearing in the Supreme Court took place before a bench headed by Chief Justice Surya Kant. Given the seriousness of the matter, the bench issued notices to the Central Government, the Election Commission, and other relevant parties, asking them to present their views. The court granted all parties four weeks to file their replies. The NGO Lok Prahari argued in its petition that the legal protections and immunity granted to the Chief Election Commissioner and Commissioners while holding their official positions are unfair and threaten to upset the balance.

What is the law over which there is a huge uproar?

In 2023, the Modi government at the center introduced a law regarding the appointment and service conditions of Election Commissioners, which was passed by both houses of Parliament. According to the provisions of this law, no FIR or lawsuit can be filed in any court for actions taken by the Chief Election Commissioner and Election Commissioners during their official duties, such as election decisions or statements. This protection applies not only to former Election Commissioners while in office, but also after their retirement. This means that even after leaving office, no case can be filed against them for decisions taken during their tenure.

Why did NGOs and the opposition protest?

This law has faced opposition from the very beginning. Congress strongly opposed it when it was passed in Parliament. Now, the petitioner in the Supreme Court, "Lok Prahari," has argued that not filing a case even for wrongdoing committed while in office is against the democratic system. The petition states that maintaining a balance in the law is crucial, and that such "blanket immunity" eliminates accountability.

All eyes are on the government's response

With the Supreme Court issuing notice, it will be interesting to see what arguments the central government presents in defense of this law. Furthermore, all eyes will be on how the Election Commission presents its case. The court will now decide whether this protection granted to the Election Commissioners by the executive is within the scope of the Constitution.