Overview
- A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi issued notice on a PIL by NGO Lok Prahari contesting Section 16 of the 2023 statute.
- The court declined an interim stay, stating it will first evaluate whether such protection fits within the constitutional scheme.
- Section 16 bars courts from entertaining civil or criminal cases against current or former CECs and ECs for acts performed in the discharge of official duties.
- Petitioner S N Shukla argues the clause was added at the last minute, overreaches Article 324, and grants immunity not afforded to the President, Governors, or judges, citing the M S Gill ruling.
- The plea warns the measure could erode judicial accountability and the electoral level playing field, with formal responses from the Centre and the ECI now awaited.