Challenge to Immunity Clause (S.16) for Election Commissioners in New Act, 2023 Reaches Allahabad High Court

Allahabad High Court Hears Plea Challenging Absolute Immunity for Election Commissioners Under New 2023 Act

LUCKNOW – The Allahabad High Court has commenced hearings on a writ petition challenging the constitutional validity of Section 16 of the new Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The provision grants blanket immunity from civil and criminal proceedings to the Chief Election Commissioner (CEC) and other Election Commissioners (ECs).

A Division Bench comprising Hon'ble Mrs. Sangeeta Chandra, J. and Hon'ble Brij Raj Singh, J. took up the matter, which was filed by petitioner Amitabh Thakur.

The Core of the Challenge

The petition, registered as Writ-C No.-8238 of 2025, specifically targets Section 16 of the 2023 Act. The petitioner argues that this section is ultra vires to the Constitution of India and should be declared null and void.

Section 16 of the Act states:

"Notwithstanding anything contained in any other law for the time being in force, no Court shall entertain or continue any civil or criminal proceedings against any person who is or was a Chief Election Commissioner or an Election Commissioner for any act, thing or word, committed, done or spoken by him when, or in the course of acting or purporting to act in the discharge of his official duty or function."

The petitioner contends that this clause provides an unconstitutional level of protection, effectively placing the actions of the CEC and ECs beyond judicial scrutiny, which strikes at the basic tenets of accountability and rule of law.

Proceedings in Court

During the initial hearing, the petitioner, Amitabh Thakur, appeared in person to argue his case. The respondents were represented by Sri Shashi Prakash Singh, learned Additional Solicitor General of India for the Union of India, and Sri O.P. Srivastava, learned Senior Advocate for the Election Commission of India.

The court noted that the respondents raised a preliminary objection regarding the maintainability of the writ petition as filed. In response to this objection, Mr. Thakur requested time from the court to make appropriate amendments to his petition.

Court's Decision and Next Steps

The bench granted the petitioner's request for time to amend the plea. The court did not delve into the merits of the constitutional challenge at this stage.

The judgment stated:

"The petitioner, who appears on person, prays that he may be given time to appropriately amend the writ petition. List this case on 05.09.2025 as fresh."

The matter is now scheduled for its next hearing on September 5, 2025. The case's outcome will be closely watched as it carries significant implications for the accountability and functioning of the Election Commission of India, one of the cornerstones of the country's democratic framework.