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Supreme Court Questions Immunity for Election Commissioners Under New Law
Immunity for Election CommissionersOld ProvisionChallenge (ADR Plea)Immunity StatusBlanket immunity under Section 16Challenged as unconstitutionalScopeApplies to CEC and Election CommissionCovers serving and former officialsSourceChief Election Commissioner and Other Public Interest Litigation by ADRResponse SoughtNoneCentre and ECI responses requested by
Immunity for Election Commissioners

✎ Supreme Court issued notice to Centre and ECI on PIL challenging Section 16 of the 2023 Act granting immunity to CEC and Election Commissioners from legal proceedings for official acts.

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Relevance for Banking, SSC & RBI Grade B exams: Polity

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The Supreme Court has sought responses from the Centre and the Election Commission of India (ECI) on a Public Interest Litigation (PIL) challenging the blanket immunity granted to the Chief Election Commissioner (CEC) and Election Commissioners under Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The PIL, filed by the Association for Democratic Reforms (ADR), argues that this provision violates Articles 14 and 19 of the Constitution by placing constitutional functionaries beyond judicial scrutiny. The Supreme Court, led by Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana, has issued notice and listed the matter for further hearing on November 2, raising questions about accountability and the potential misuse of power by election authorities.

This development holds significance for banking, SSC, and RBI Grade B exam aspirants as it touches upon constitutional provisions, judicial review, and the functioning of constitutional bodies. Questions related to the powers and immunities of constitutional authorities, the role of the judiciary in upholding constitutional rights, and the importance of accountability in governance are likely to be tested. Additionally, the case highlights the evolving jurisprudence on election laws and the balance between immunity and accountability, which is relevant for understanding the broader framework of constitutional governance in India.

Source: orissapost.com


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