The Supreme Court on Friday signalled serious constitutional concern as it issued notice to the Centre and the Election Commission on a PIL challenging a key provision in the Chief Election Commissioner (CEC) and Other Election Commissioners Bill, 2023. The petition contends that the new law grants unprecedented, life-long immunity to the Chief Election Commissioner (CEC) and Election Commissioners (ECs) from any civil or criminal proceedings for actions performed in the course of their official duties.
PIL flags 'unprecedented protection'
According to the petitioner, the immunity clause in the Bill exceeds constitutional limits and undermines the principle of accountability. The counsel appearing for the petitioner argued, "The Bill cannot give life-long unprecedented to CEC and EC which makers of Constitution didn’t even grant to the judges. Parliament cannot grant such an immunity high Constitutional framers did not grant to other dignitaries."
Supreme Court steps in
A bench led by Chief Justice of India Surya Kant took note of the concerns raised and indicated that the issue warranted deeper judicial scrutiny. "We would like to examine it. We are issuing notice," the CJI remarked. The bench has sought responses from both the Centre and the Election Commission.
Court-mandated appointment process and its evolution
Earlier, the Supreme Court ruled that appointments of the CEC and ECs must be made through a high-level panel comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha and the Chief Justice of India. This panel was to recommend names to the President, who would then approve the appointments. The court had also stated that this interim mechanism would remain in force until Parliament brought a law specifying the appointment process.
December 2023: Parliament passes new law on EC appointments
On December 21, 2023, the central government enacted a new law detailing the appointment process, service conditions and tenure of the CEC and ECs. The law created a three-member selection panel that included the Prime Minister, the Leader of the Opposition in the Lok Sabha and a Cabinet Minister. The provision notably removed the CJI from the selection committee, which drew strong objections from the Opposition. Opposition parties maintained that the new law diluted the Supreme Court’s 2023 ruling that mandated a committee with the Prime Minister, the CJI and the Leader of the Opposition for making EC appointments.
Case history: Recusal and new allegations
On December 4, 2025, then Chief Justice of India Sanjiv Khanna recused himself from hearing the dispute related to the new appointment process. The current petition, filed by Congress worker Jaya Thakur, alleges that Sections 7 and 8 of the law violate the principles of free and fair elections. The petitioner claims that the absence of an independent mechanism for appointments undermines the autonomy of the Election Commission. The plea further states that the law was brought specifically to overturn the Supreme Court’s March 2023 verdict, which had ended the central government’s exclusive power to select the CEC and EC, a practice followed since independence.
