• The Supreme Court issued notice to the Centre on a petition by the Association for Democratic Reforms (ADR) challenging Section 16 of the CEC and EC Act, 2023.
• Section 16 gives the Chief Election Commissioner (CEC) and Election Commissioners (ECs) lifelong immunity for actions taken in discharge of official duties.

• Section 16 bars courts from hearing any civil or criminal case against a current or former CEC or EC for acts done in official duty.
• It was not in the original Bill and was added as an amendment in December 2023.
• The Government’s stated aim was to let the CEC and ECs work independently and without hindrance.
• The ADR petition says the immunity is wider than that of the President, Governors and legislators.

• Equality before law: Article 14 guarantees equality before the law and equal protection of the laws. It means no person is above the law, whatever his status.
• Reasonable classification: Separate classes can be created, but only on an intelligible and reasonable basis that has a link to the purpose of the law.
• Earlier law: The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 had no such immunity.
• Earlier provision: Under Article 324(5), the CEC can be removed only in the manner of a Supreme Court judge. The 2023 Act also governs their appointment.

• Article 361: The President and Governors cannot face criminal proceedings or arrest during their term, and civil proceedings need two months’ notice. The protection lasts only during the term.
• Articles 105 and 194: Members of Parliament and State legislatures enjoy freedom of speech and vote in the House. Parliament has not yet codified these privileges.
• Diplomatic immunity: Diplomats enjoy immunity under the Vienna Convention on a reciprocal basis, based on functional necessity.
• Section 16, CEC and EC Act, 2023: Lifelong and unconditional immunity for acts in official duty.

For

• The Government’s stated aim is to let the CEC and ECs perform their duties independently and without fear of litigation.
• Election duties involve decisions that affect parties and candidates, and the risk of frivolous cases is real.

Against

• It is wider than constitutional immunities. Those for the President and Governors end with the term, and legislative privileges mostly cover actions inside the House.
• Other independent authorities such as judges, the CAG, Public Service Commission members, Lokpal and Information Commissioners have no such lifelong protection.
• It was added without explanation on the day of passage.
• It may fail the reasonable classification test and weaken the Rule of Law.

• The case tests whether statutory immunity can go beyond what the Constitution gives to its highest offices.
• It bears on accountability of constitutional bodies, which is central to free and fair elections.
• The ruling will shape how Article 14 applies to protections created by ordinary law.
• It will show whether independence of an institution can be secured through immunity or through other safeguards.

• Removing immunity could expose officers to pressure through litigation, which is the concern behind the provision.
• Lifelong protection that covers even former officers can shield wrongdoing from scrutiny.
• The words “purported to be done” are wide and may cover acts that are not really official.
• Public trust in the Election Commission is already under strain, and the provision adds to the doubt.

• Section 16 of the CEC and EC (Appointment, Conditions of Service and Term of Office) Act, 2023 gives lifelong immunity for official acts.
• Article 361 covers the President and Governors, and protection lasts only during their term.
• Articles 105 and 194 cover privileges of legislators.
• The 1991 Act, which the 2023 Act replaced, had no such provision.