New Delhi: At a time when the Election Commission of India (ECI) is facing renewed scrutiny over its functioning, a petition challenging the sweeping legal immunity granted to serving and former Election Commissioners under a 2023 law has been pending before the Supreme Court for months, with little progress.
The petition was filed in November 2025 by Lok Prahari, an Uttar Pradesh-based NGO, challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The provision bars civil or criminal courts from entertaining or continuing proceedings against the Chief Election Commissioner (CEC) or an Election Commissioner (EC) for any act, thing or word done or spoken while acting, or purporting to act, in the discharge of their official duties. The protection continues even after they leave office.
Lok Prahari has argued that such immunity is not granted even to the President or Supreme Court judges and gives the poll panel “unprecedented, unbridled power”. The NGO contends that the provision creates an overbroad, lifelong shield against accountability, including for alleged corruption, misuse of office or illegal acts beyond the commissioners’ official mandate.
Lok Prahari general secretary S.N. Shukla told ThePrint that even after a bench led by Chief Justice of India Surya Kant issued notice on the petition in January, neither the Centre nor the ECI “cared to” file a response in eight months. He said this “shows the respect they have for the top court of India”.
11 months, seven listings
Since the petition was filed in November last year, the case has been listed seven times. The Supreme Court issued a notice in January and sought the ECI’s response in March. But at the March hearing, the matter was directed to be listed again in May.
It was subsequently listed twice in May before a bench of CJI Surya Kant and Justice Joymalya Bagchi, but neither hearing took place.
On 5 October, while a bench of CJI Surya Kant and Justices Joymalya Bagchi and V Mohana was hearing two petitions seeking the resignation of CEC Gyanesh Kumar and challenging Section 18 of the 2023 Act, senior advocate Kapil Sibal informed the court that the Lok Prahari petition was scheduled to be heard later in October.
The same bench will hear the Lok Prahari matter.
The petition comes amid a separate legal challenge to the 2023 law governing the appointment of the CEC and Election Commissioners.
On 23 September, the Supreme Court delivered a split verdict on that challenge. Justices Dipankar Datta and Satish Chandra Sharma differed on whether the matter should be referred to a Constitution Bench, leaving it before the CJI for constitution of a larger bench.
Petitioner Jaya Thakur has since filed a curative petition seeking recall of the order, alleging a reasonable apprehension of bias after it emerged that Justice Sharma’s son appears as counsel for the ECI before the Madhya Pradesh High Court.
A recall application challenging the same split verdict was also filed, senior advocate Gopal Sankaranarayanan informed the CJI on Wednesday.
(Edited by Chingkheinganbi Mayengbam)
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