Apex Court Seeks Response From Union Govt. On Pleas Challenging Lifelong Legal Immunity To CEC, Pg1

Key Highlights:

• The Supreme Court has sought a response from the Union government regarding petitions challenging a provision in the Chief Election Commissioner-Election Commissioners’ appointment law.
• The contested provision, Section 16 of The Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions Of Service And Term Of Office) Act, 2023, grants lifelong legal immunity to the Chief Election Commissioner and Election Commissioners.
• This immunity protects them from legal action or criminal prosecution for official acts, both during their tenure and after retirement.
• Petitions filed by RJD MP Manoj Jha and advocate Arun Kumar Agrawal argue that Section 16 is unconstitutional and violates the Basic Structure of the Constitution.

Detailed Insights:

• A Supreme Court Bench led by Chief Justice of India Surya Kant issued notices to both the Centre and the Election Commission of India (ECI).
• The petitioners specifically contend that Section 16 unlawfully bars the jurisdiction of constitutional courts and interferes with the power of judicial review.
• The new Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions Of Service And Term Of Office) Act, 2023 replaced the earlier Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
• This legal challenge underscores the ongoing debate regarding the accountability and independence of constitutional bodies and their functionaries.
• The matter is scheduled for further hearing on December 18, indicating continued judicial scrutiny of the new legislation.

Key Concepts Involved:

• Basic Structure of the Constitution: A judicial doctrine that certain fundamental features of the Indian Constitution cannot be amended by Parliament.
• Judicial Review: The power of the judiciary to examine the constitutionality of legislative enactments and executive orders.
• Election Commission of India (ECI): An autonomous constitutional body responsible for conducting elections in India.
• Chief Election Commissioner (CEC): The head of the Election Commission of India, responsible for overseeing the electoral process.