A petition filed by activist and lawyer Arun Kumar Agarwal challenges Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023. This provision currently provides blanket protection to election chiefs against all civil and criminal proceedings stemming from official acts. The plea argues that the commission functioned effectively for decades without this shield and that narrower safeguards against frivolous lawsuits would suffice. It also highlights that the blanket shield leaves voters with wrongly deleted registrations and aggrieved candidates without any viable legal remedies.
Key points
The legal challenge asserts that the Election Commission managed nationwide elections suc…: The legal challenge asserts that the Election Commission managed nationwide elections successfully for decades without blanket legal immunity.
The contested provision completely deprives citizens and candidates of remedies against o…: The contested provision completely deprives citizens and candidates of remedies against official decisions made in bad faith.
The petitioner maintains that safeguards against frivolous complaints would be a sufficie…: The petitioner maintains that safeguards against frivolous complaints would be a sufficient alternative to total civil and criminal immunity.
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NEW DELHI: The Supreme Court on Wednesday sought a response from the Centre and the Election Commission over a plea challenging immunity to Chief Election Commissioner and other Election Commissioners from any legal action for any decision taken in the course of their duties.A bench of CJI Surya Kant and Justices Joymalya Bagchi and V Mohanna issued notice to the poll body and Centre on a petition filed by activist and lawyer Arun Kumar Agarwal.According to Bar and Bench, 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 said."The objective of protecting Election Commissioners from vexatious proceedings can…
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