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Supreme Court seeks Centre's reply on immunity for Election Commissioners
ଖବରରେ କାହିଁକି?
Can an Election Commissioner be sued for official acts? Section 16 of the 2023 Act, Article 324 explained
SC issues notice on ADR's challenge to Section 16 of the 2023 Act that grants immunity to election commissioners.
Why it matters: asked in UPSC 2002
What you need to know
2 ମିନିଟ
The Supreme Court has issued notice to the Centre on a petition by the Association for Democratic Reforms challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023.
The provision grants immunity for official acts, which the petition says continues even after retirement.
The case puts the 2023 law, which governs the appointment, service conditions and term of the Election Commission, under judicial scrutiny.
ଉତ୍ସ: Topper IAS editorial (PIB / The Hindu / Indian Express)
ମୁଖ୍ୟ ତଥ୍ୟ
Remember these
- Supreme Court issued notice to the Centre on ADR's petition challenging Section 16 of the CEC and Other Election Commissioners Act, 2023.
- Section 16 grants immunity for official acts; the petition says it continues even after retirement.
- The 2023 Act governs appointment, service conditions and term of the Election Commission.
- Article 324 vests superintendence, direction and control of elections in the Election Commission.
- Article 324(5): the CEC is removable in like manner and on like grounds as a Supreme Court Judge.
ପ୍ରିଲିମ୍ସ · ମେନ୍ସ
How the exam will ask it
ପ୍ରିଲିମ୍ସ
- The Chief Election Commissioner can be removed from office in the same manner and on the same grounds as a Judge of the Supreme Court (Article 324(5)).
- Article 324 vests the superintendence, direction and control of elections to Parliament, State Legislatures and the offices of President and Vice-President in the Election Commission.
- The Chief Election Commissioner and Other Election Commissioners Act, 2023 replaced the Chief Justice of India on the selection committee with a Union Cabinet Minister nominated by the Prime Minister.
- The Association for Democratic Reforms (ADR) is a non-governmental organisation working on electoral and political reforms.
ମେନ୍ସ
GS-II (Polity): independence of constitutional bodies. The issue is whether Section 16 of the 2023 Act, by granting immunity for official acts even after retirement, dilutes accountability, against the Article 324(5) safeguards for tenure and removal. The implication is that the court's view may reshape the balance between insulation from executive pressure and answerability; the way forward is a narrowly tailored immunity limited to bona fide acts, with judicial and legislative oversight.
PYQ connection
A question UPSC has already asked on this
Consider the following statements with reference to India:
- The Chief Election Commission and other Election Commissioners enjoy equal powers but receive unequal salaries
- The Chief Election Commissioner is entitled to the same salary as is provided to a judge of the Supreme Court
- The Chief Election Commissioner shall not be removed from his office except in like manner and on like grounds as a judge of the Supreme Court
- The term of office of the Election Commissioner is five years from the date he assumes his office or till the day he attains the age of 62 years, whichever is earlier.
Which of these statements are correct?
- 1 and 2
- 2 and 3
- 1 and 4
- 2 and 4
ଉତ୍ତର ଦେଖନ୍ତୁ
ଉତ୍ତର: B
Why this matters: today's issue is directly connected to a concept UPSC has already tested. Read the story with this question in mind.
Practise this PYQ →Quick recall
Answer before you reveal
Consider the following statements about the Chief Election Commissioner (CEC) of India:
- The CEC can be removed from office in like manner and on the like grounds as a Judge of the Supreme Court.
- Under the Chief Election Commissioner and Other Election Commissioners Act, 2023, the Chief Justice of India is a member of the committee that recommends appointments to the Election Commission.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
ଉତ୍ତର ଦେଖନ୍ତୁ
ଉତ୍ତର: A — The correct answer is 1 only. Article 324(5) provides for removal of the CEC in the same manner as a Supreme Court Judge, whereas the 2023 Act replaced the Chief Justice of India on the selection committee with a Union Cabinet Minister nominated by the Prime Minister.
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