Supreme Court to Review Blanket Immunity for Election Commissioners
Public Lokpal
November 05, 2026
Supreme Court to Review Blanket Immunity for Election Commissioners
The Supreme Court of India has issued notices to the Union Government and the Election Commission regarding public interest litigation (PIL) petitions challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023.
Section 16 grants current and former Chief Election Commissioners and Election Commissioners complete immunity from civil and criminal proceedings for actions taken during their official duty.
Petitioners—including public figures and democracy watchdog NGOs—argue that this blanket protection violates Article 14 (Equality Before Law) and undermines judicial review, a core component of the Constitution's basic structure.
Unlike constitutional immunity provided to the President and Governors, Section 16 protects officials even after they leave office and lacks standard safeguards like "good faith" requirements.
While the Union Government maintains that immunity protects election officials from vexatious litigation, the apex court will now decide whether the provision unconstitutionally shields officials from accountability.