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13 January 2026|The Indian Express
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Polity & GovernanceNEWS

SC Addresses Plea Against Law Granting Immunity to Election Commissioners

Supreme Court examines plea challenging legal immunity for Election Commissioners.

Background Context

The Election Commission of India (ECI) was established on January 25, 1950, a day before India became a Republic. The initial constitutional provisions regarding the ECI were laid out in Articles 324 to 329 of the Indian Constitution. Article 324 vests the superintendence, direction, and control of elections to the Parliament, State Legislatures, the office of President of India, and the office of Vice-President of India in the ECI. Initially, the ECI was a single-member body, but after the Election Commissioner Amendment Act of 1989, it became a multi-member body consisting of the Chief Election Commissioner and two Election Commissioners. The rationale behind this change was to ensure a more democratic and balanced decision-making process within the commission. Over the years, the powers and responsibilities of the ECI have expanded significantly, particularly in the context of electoral reforms and ensuring free and fair elections.

The Supreme Court has issued a notice regarding a plea challenging the law that provides immunity to the Chief Election Commissioner (CEC) and Election Commissioners (ECs). The plea argues against the extent of the immunity granted, raising concerns about accountability and potential misuse of power. The court's decision to address this plea highlights the importance of ensuring transparency and fairness in the functioning of the Election Commission.

Key Facts

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SC issued notice: Plea against EC immunity

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Immunity challenged: CEC and ECs

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Concerns: Accountability and misuse of power

Latest Developments

In recent years, there has been increased scrutiny of the Election Commission's autonomy and impartiality, particularly concerning the appointment process of Election Commissioners. The Supreme Court has been actively involved in addressing concerns related to the transparency and independence of the ECI. The introduction of Voter Verifiable Paper Audit Trail (VVPAT) systems and the increased use of technology in elections have also been significant developments. Furthermore, debates around electoral bonds and their impact on election funding have put the ECI's regulatory role under the spotlight. Looking ahead, there is an expectation that the ECI will continue to evolve its practices to address emerging challenges such as disinformation campaigns and the influence of social media on elections.

2 Key Concepts to Understand

This article covers important concepts like Immunity of Public Servants, Judicial Review. Understanding these will help you answer exam questions better.

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