News: Supreme Court issued notice to the Centre on an ADR petition challenging Section 16 of the CEC and Other Election Commissioners Act, 2023, which grants immunity for official acts even after retirement.

Section 16: Key Provisions

• Immunity → Protects current + former CECs and Election Commissioners from civil and criminal proceedings for official acts.
• Concern → Broad, lifelong immunity may weaken accountability.
• Supreme Court → Issued notice to the Centre; Section 16 has not been struck down.

Constitutional Provisions

• Article 14 → Equality before law + equal protection of laws.
• Article 361 → Certain immunities for the President + Governors during their term.
• Articles 105 + 194 → Parliamentary + State Legislature privileges.
• Vienna Convention, 1961 → Provides diplomatic immunities for official functions.

Why Is Section 16 Challenged?

• Equality → Questions whether special immunity satisfies Article 14.
• Accountability → May shield officials from legal proceedings for official acts.
• Legislative process → Provision was added through an amendment during the Bill's passage, according to the article.
• Institutional comparison → Other independent authorities do not enjoy the same form of lifelong immunity.

Government’s Argument

• Independence → Immunity protects Election Commissioners from interference + vexatious litigation.
• Free and fair elections → Enables officials to perform their duties without undue pressure.

Way Forward

• Balance → Protect independence + maintain accountability.
• Proportionate immunity → Clearly define the scope of legal protection.
• Article 14 scrutiny → Ensure the provision is non-arbitrary.
• Public trust → Transparent election administration strengthens democracy