https://indianmasterminds.com

ADVERTISEMENT
ADVERTISEMENT

Ex-IPS Officer Amitabh Thakur Challenges Election Commissioners’ Immunity Under 2023 Act in Allahabad High Court

Former IPS officer Amitabh Thakur argues Section 16 of the Election Commissioners Act violates constitutional accountability by granting blanket legal protection
Indian Masterminds Stories

Lucknow: The Allahabad High Court (Lucknow Bench) on Friday took up a writ petition filed by former IPS officer Amitabh Thakur, challenging the constitutional validity of Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

Immunity Clause Under Scrutiny

Section 16 of the 2023 Act provides complete immunity to the Chief Election Commissioner and other Election Commissioners from any civil or criminal legal proceedings for actions taken while performing their official duties. The clause explicitly states that “no Court shall entertain or continue any civil or criminal proceedings” against them for acts committed in the discharge of their official functions or purported official duties.

Court Seeks Amendment in Petition

During the hearing, the court raised a preliminary objection concerning the maintainability of the petition and the nature of the relief sought. Accordingly, the bench consisting of Justice Sangeeta Chandra and Justice Brij Raj Singh granted Amitabh Thakur time to amend the petition suitably. The matter is now scheduled for further hearing on September 5, 2025.

Thakur’s Arguments Against Section 16

In his plea, Thakur has sought a writ of mandamus or any other appropriate directive to restrain both the Union of India and the Election Commission from enforcing Section 16. He argued that the immunity provision is unconstitutional, as it offers blanket protection to Election Commissioners, thereby undermining the principles of accountability enshrined in the Indian Constitution.

Legal Representation and Significance

The Union of India was represented by Additional Solicitor General Shashi Prakash Singh, Deputy Solicitor General SB Pandey, and Advocate Deepanshu Das. The Election Commission’s representation included Senior Advocate OP Srivastava, assisted by Advocate Anupriya Srivastava.

This case brings to light critical questions about maintaining a balance between the independence and accountability of constitutional functionaries like the Election Commissioners in India’s democracy.

Read also: Ex-IPS Amitabh Thakur Submits Evidence Against CO Anuj Chaudhary in Reinvestigation Over Controversial ’52 Fridays’ Remark


Indian Masterminds Stories
ADVERTISEMENT
ADVERTISEMENT
Related Stories
ADVERTISEMENT
ADVERTISEMENT
NEWS
SHO Gulaab Singh Sonkar
‘I Won’t Obey the Supreme Court!’ — SHO Gulaab Singh Sonkar Faces Apex Court’s Wrath in Contempt Case
wcl_honoured_with_ten_awards_
Western Coalfields Limited Shines at Coal India’s 51st Foundation Day, Wins 10 Prestigious Awards for Excellence
NLC-INDIA-resized-neyvili
NLC India Commissions 106 MW Solar Power at Barsingsar, Strengthening Rajasthan’s Clean Energy Landscape
Chattisgarh high court
Massive Setback for Govt Employees: Chhattisgarh High Court Ends Transfer Case — Declares Employee Return Demand Invalid After Joining Post
IAS Sanjay Garg
Who Is IAS Sanjay Garg? Kerala-Cadre Officer Takes Charge as Director General of Bureau of Indian Standards
MS Dhoni defamation case
Explosive Turn in MS Dhoni Defamation Case: Ex-IPS Officer Slams ‘Unequal Treatment’, Files Fresh High Court Appeal
ESTIC 2025
PM Modi Unveils ₹1 Lakh Crore RDI Fund at ESTIC 2025 to Power India’s Innovation Economy under Viksit Bharat 2047 Vision
Statue of Unity Hosts Bharat Parv 2025 Gujarat
Statue of Unity Hosts Bharat Parv 2025: CM Bhupendra Patel Showcases India’s Cultural Unity & Heritage
ADVERTISEMENT
ADVERTISEMENT
Videos
WhatsApp Image 2025-10-31 at 13.49
Walking with the Wild: How Dr. Sonali Ghosh is Protecting Assam’s Forests
Former IAS Anil Swarup
Former IAS Anil Swarup Reveals His Secrets of Success
IAS Gokul S
Meet IAS Gokul S — The Officer Who Turned Disability into Determination | Video Interview 
ADVERTISEMENT
UPSC Stories
asjhajshaj
The Soil That Raised Him Now Celebrates Him: How Farmer’s Son & Teacher Kamal Khadav Became SDM - After Mishearing a Question in His Interview
Farmer’s son Kamal Khadav from Bedawadi, Nagaur, secured 9th rank in RAS 2023 through self-study while...
WhatsApp Image 2025-11-01 at 15.31
How Safna Nazarudeen Became Kerala’s Youngest Muslim Woman IAS Officer
Safna Nazarudeen, youngest Muslim woman from Kerala to crack UPSC with All India Rank 45, now serves...
Rashi Kumawat RAS Rajasthan
RAS Topper Rashi Kumawat: Meet The Supermom Who Balanced Government Job, Motherhood & Dreams to Secure 6th Rank
Jaipur’s Rashi Kumawat, a gold medalist engineer and working mother, secured 6th rank in RAS 2023 through...
Social Media
Tenzin Yangki IPS Arunachal
Historic First: Who Is Tenzin Yangki, Arunachal Pradesh’s First Woman to Join IPS? Anand Mahindra Hails Her
She secured an impressive 545th rank in the prestigious UPSC Civil Services Examination - 2022.
IFS Parveen Kaswan
Heartbreak by the River: 15-Day-Old Elephant Calf Rejected by Mother, Rescued by IFS Parveen Kaswan and His Team
Jaldapra, West Bengal: In a moving incident that tugs at the heart, a 15-day-old elephant calf was rescued...
Ashwini Bhide IAS and Anand Mahindra
Who Is IAS Ashwini Bhide, Hailed as a Role Model for Mumbai Metro Transformation by Anand Mahindra?
From heritage to high-tech: Bhide’s leadership in Metro Line 3 earns public praise and admiration
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
SHO Gulaab Singh Sonkar
‘I Won’t Obey the Supreme Court!’ — SHO Gulaab Singh Sonkar Faces Apex Court’s Wrath in Contempt Case
wcl_honoured_with_ten_awards_
Western Coalfields Limited Shines at Coal India’s 51st Foundation Day, Wins 10 Prestigious Awards for Excellence
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
WhatsApp Image 2025-10-31 at 13.49
Former IAS Anil Swarup
IAS Gokul S
ADVERTISEMENT
ADVERTISEMENT