Overview
- NGO Lok Prahari filed a PIL contesting Section 16 of the 2023 CEC Act, which grants lifelong immunity to the Chief Election Commissioner and Election Commissioners for acts done in official duty.
- Chief Justice Surya Kant said the court will examine whether the provision causes harm and whether such an exemption fits within the constitutional scheme.
- The court refused an immediate stay on the immunity, saying a stay is not needed at present.
- Notices were issued to the Centre and the Election Commission seeking formal responses to the challenge.
- The petitioner argues the immunity cannot be treated as a service condition, cites parliamentary debates, and notes that even the President does not enjoy such broad protection.