Supreme Court Raises Concerns Over Election Commission Bill's Immunity Clause

The Supreme Court has issued a notice regarding the Election Commission Bill, 2023, expressing serious constitutional concerns over its provisions granting lifetime immunity to election officials. A public interest petition argues that such immunity undermines accountability and violates constitutional limits. The Chief Justice has indicated the need for a thorough judicial review of the matter, highlighting the importance of accountability in electoral processes. This development raises critical questions about the balance of power and the responsibilities of election officials in India.

By Narendra Chaudhary Jan 12, 2026, 13:34 IST

Supreme Court Issues Notice on Election Commission Bill

The Supreme Court has expressed significant constitutional concerns by issuing a notice to the central government and the Election Commission regarding a public interest petition challenging a crucial provision of the Election Commissioners Bill, 2023. The petition argues that the new legislation grants the Chief Election Commissioner (CEC) and other election commissioners unprecedented, lifetime immunity from any civil or criminal proceedings for actions taken during their official duties. According to the petitioner, the immunity provisions outlined in the bill violate constitutional boundaries and undermine the principle of accountability.

Legal Arguments Presented

The petitioner's attorney contended that the bill cannot provide the Chief Election Commissioner and the Election Commission with such extraordinary immunity, which even the framers of the Constitution did not extend to judges. The Parliament cannot confer such high levels of immunity that were not granted to other distinguished individuals by the Constitution's architects. A bench led by Chief Justice D.Y. Chandrachud acknowledged the raised concerns and indicated that a thorough judicial examination is necessary. The Chief Justice stated, "We would like to look into this matter. We are issuing a notice." The bench has requested responses from both the central government and the Election Commission.