'Not Even President...': Plea Against Lifetime Immunity To Poll Officers

The Supreme Court on Monday heard a petition challenging the law granting lifetime protection from prosecution to the Chief Election Commissioner and Election Commissioners, with the petitioner arguing that even the President of India is not granted such broad legal immunity.

The petition, filed by NGO Lok Prahari, pointed out that during the debate on the law in Parliament, a minister had stated that the bill relates only to service conditions. And so, the immunity from criminal prosecution cannot be considered a service condition, it said. The petition also argued that the law "harms free and fair elections" and asked the court to immediately stay the provision.

The top court, however, said a stay is "not needed" at present.

"This is an important issue. We will examine the matter to determine whether this provision is causing any harm and whether such an exemption can be granted under the Constitution," Chief Justice of India, Surya Kant, said.

The court issued notices to the Centre and the Election Commission, seeking their responses on the issue.

The amendment to the law providing protection from lawsuits to the Chief Election Commissioner and Election Commissioners for their official work was made in 2023.