India Supreme Court Reviews Immunity for Election Commissioners

The Supreme Court of India issued notices to the Government of India and the Election Commission of India on October 13, 2026, regarding a public interest litigation challenging the constitutionality of Section 16 of the Chief Election Commissioner and other Election Commissioners Act, 2023. The law grants blanket, lifelong immunity from civil and criminal proceedings to serving and former Chief Election Commissioners and Election Commissioners for acts performed in the discharge of their official duties.

The petition, filed by the Association for Democratic Reforms, argues that this immunity violates Articles 14, 19, and 21 of the Constitution. The organization contends that the provision undermines accountability and could shield arbitrary power or corruption from judicial scrutiny, asserting that the law lacks a rational nexus with ensuring the independence of the poll panel.

A bench consisting of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana is presiding over the case. The court has tagged the plea with a similar pending petition filed by the NGO Lok Prahari. This legal challenge is part of a broader scrutiny of the 2023 law, which also faces disputes regarding the exclusion of the Chief Justice of India from the selection committee for appointing election officials. The matter is tentatively listed for further hearing on November 2.