Archive · 7 Oct 2026
Supreme Court Challenge to Election Commission Immunity Sees Little Progress
Lok Prahari, an organization, asked India’s Supreme Court to review a law that protects Election Commissioners from court cases over their official actions and words.
The protection continues even after they leave office.
Lok Prahari says the rule is too broad and could shield people from accountability for wrongdoing.
The case was filed in November 2025 and has appeared on the court’s schedule seven times.
The court sent notice in January and asked the Election Commission for a response in March.
Lok Prahari’s general secretary said neither the government nor the Commission had filed a response by the time of the report.
Several scheduled hearings did not take place.
The case is expected to be heard by a Supreme Court bench led by Chief Justice Surya Kant.
Lok Prahari filed its challenge to Section 16 of the 2023 law in November 2025.
Section 16 bars civil and criminal proceedings over Election Commissioners’ official acts or words, including after they leave office.
The petition has been listed seven times; the Supreme Court issued notice in January and sought the Election Commission’s response in March.
Lok Prahari says the immunity is overly broad and grants the Election Commission unprecedented power; its general secretary says no response had been filed by the Centre or the ECI.
The case is expected to be heard by a bench led by Chief Justice Surya Kant, amid separate legal challenges to the 2023 law.
- Who
- Lok Prahari is challenging the immunity granted to the Chief Election Commissioner and Election Commissioners.
- What
- The NGO’s petition contests Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023.
- When
- Filed in November 2025; the report describes seven listings over about 11 months.
- Where
- Supreme Court of India, New Delhi.
- Why
- Lok Prahari argues that the provision creates an overbroad, continuing shield from civil and criminal proceedings for official acts or words.
Lok Prahari’s challenge
Statutory protection
Scope of immunity
Lok Prahari’s challenge
Lok Prahari argues the provision grants an unprecedented, unbridled and lifelong shield, including for alleged misconduct beyond commissioners’ official mandate.
Statutory protection
Section 16 protects the CEC and Election Commissioners from civil or criminal proceedings for acts, things or words done or spoken while acting, or purporting to act, in the discharge of official duties; the article does not report a response from the Centre or ECI defending the provision.
- Petitioner
- Lok Prahari, an Uttar Pradesh-based NGO
- Provision challenged
- Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- Filing
- November 2025
- Court activity
- The case was listed seven times; the Supreme Court issued notice in January and sought the ECI’s response in March.
- Immunity covered
- Civil or criminal proceedings over acts, things or words done or spoken while acting, or purporting to act, in official duties
- Duration
- The protection continues after commissioners leave office.
- Petitioner’s concern
- Lok Prahari says the provision is an overbroad shield against accountability, including for alleged corruption, misuse of office or illegal acts beyond official duties.