Law Notify, January 13, 2026 : The Supreme Court has agreed to examine a petition questioning the constitutional validity of immunity granted to the Chief Election Commissioner and Election Commissioners under the Chief Election Commissioner and Other Election Commissioners Act, 2023.
A bench led by Chief Justice of India Surya Kant, along with Justice Joymalya Bagchi, issued notices to the Union government and the Election Commission of India. The court, however, declined to put the provision on hold at this stage.
The petition has been filed by Lok Prahari, a non governmental organisation. It challenges Section 16 of the 2023 Act, which grants immunity to the Chief Election Commissioner and other Election Commissioners from civil and criminal proceedings.
According to the plea, the provision confers excessive and unchecked protection on the election authorities, amounting to permanent and blanket immunity. The petitioner argues that this protection could shield officials even in cases involving alleged misuse of office, raising serious concerns about accountability and constitutional balance.
The matter will now be examined after responses are filed by the Centre and the Election Commission.
