The plea challenges the constitutional validity of Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
"Despite the absence of such blanket immunity, the Election Commission of India has successfully conducted elections over several decades.
This shows that the Commission can function effectively without granting its members blanket immunity from legal proceedings," the plea adds.
However, under Section 16, the CEC and ECs have been granted blanket immunity without any exception.
Granting blanket immunity is therefore excessive and goes beyond what is necessary to protect the independence of the Election Commission.
The plea challenges the constitutional validity of Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
This provision extends lifelong protection to the CEC and EC from civil or criminal proceedings for acts done in the discharge of their official duties.
The plea points out that similar protection to other constitutional functionaries for actions done in the course of their duties usually extends only to acts done or intended to be done in good faith.
The petition recounts that such a balanced approach was also adopted initially when it came to Election Commissioners, before Section 16 was introduced through the 2023 Act.
"Despite the absence of such blanket immunity, the Election Commission of India has successfully conducted elections over several decades. This shows that the Commission can function effectively without granting its members blanket immunity from legal proceedings," the plea adds.
However, under Section 16, the CEC and ECs have been granted blanket immunity without any exception. Such an approach unconstitutional, disproportionate and liable to be struck down, the petitioner has contended.
"The objective of protecting Election Commissioners from vexatious proceedings can be achieved through less restrictive measures, such as safeguards against frivolous complaints and prior judicial scrutiny. Granting blanket immunity is therefore excessive and goes beyond what is necessary to protect the independence of the Election Commission. The said section takes away every civil and criminal remedy against the CEC and ECs for their acts. A voter whose name is wrongly deleted from the electoral roll, a candidate prejudiced by a mala fide act, and any citizen aggrieved by corruption in the functioning of the Commission are left without a remedy," the plea states.
