SC issues notice over plea challenging "blanket immunity" for election commissioners
GS2Polity · Governance · IR· Constitutional bodies (CAG, UPSC, FC, NCSC...)· Prelims + Mains·
Why in news
The Supreme Court issued a notice to the Centre and the Election Commission of India over a plea by Arun Kumar Agrawal challenging the constitutionality of 'blanket immunity' for election commissioners.
Background
The petitioner argues that Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 is unconstitutional. The provision in question bars all civil or criminal proceedings against election commissioners.
Facts for Prelims
- Act / BillChief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- BodyElection Commission of India (ECI) is the body whose commissioners are covered by the immunity plea
- FactSection 16 of the 2023 Act specifically bars civil or criminal proceedings against commissioners
For Mains
Q. Examine the constitutional validity of providing absolute immunity to constitutional bodies' officers and its implications on the principle of accountability.
Dimensions to cover in your answer
- Accountability vs. Independence: Balancing the need for fearless functioning with the right to judicial scrutiny
- Constitutional conflict: Potential violation of the right to seek legal redress against arbitrary actions
- Legislative oversight: The extent of parliamentary power to grant immunity to high-ranking officials
Keywords: Constitutional validity · Accountability · Judicial review · Immunity · Rule of law
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This note is generated automatically from SatyaDheesh's news feed and mapped to the UPSC CSE syllabus. Check facts against the original report or PIB before using them in an answer.