The Supreme Court has agreed to examine a plea challenging the immunity granted to the Chief Election Commissioner and Election Commissioners under the CEC Act, 2023.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi issued notices to the Centre and the Election Commission in the matter but declined to stay the provision.

The petition was filed by Lok Prahari, an NGO, and challenges Section 16 of the 2023 CEC Act.

The plea argues that this section grants “unprecedented, unbridled power” to the CEC and Election Commissioners, providing them with permanent, blanket immunity from both civil and criminal proceedings, even in cases of alleged misuse of office.