Supreme Court issues notice on a plea against lifelong immunity for the Chief Election Commissioner and Election Commissioners

13 October 2026

On 13 October 2026 the Supreme Court issued notice to the Union and the Election Commission on a petition by the Association for Democratic Reforms challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
The bench comprised Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana.
Section 16 bars courts from entertaining or continuing civil or criminal proceedings against any person who is or was a Chief Election Commissioner or Election Commissioner, for acts done or purportedly done in the discharge of official duty.
The petition argues the provision creates lifelong blanket immunity with no good-faith condition, no sanction mechanism and no saving clause, and seeks a declaration that it is unconstitutional for violating Articles 14 and 21 and the basic structure of the Constitution.
It also seeks revival of proceedings that ended when Section 16 took effect.
Senior Advocate Gopal Sankaranarayanan appeared for the petitioner, and the case was tagged with a pending petition by Lok Prahari on the same immunity.