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
Deoria Industrial Plot Allotment case
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
Tamilnadu-police-resized
Tamil Nadu Reshuffles 10 IPS Officers Across Internal Security Units; G. Dharmarajan Appointed DIG, Intelligence (Security)
Uttar Pradesh Wins ‘Exemplar’ Award in LEADS 2025 Rankings, Emerges as India’s Top Landlocked State in Logistics
Uttar Pradesh Wins ‘Exemplar’ Award in LEADS 2025 Rankings, Emerges as India’s Top Landlocked State in Logistics
Madhya Pradesh UCC panel
CM Mohan Yadav Cracks Down on Saubhagya Singh Thakur Over 200-Vehicle Convoy; Show-Cause Notice Issued, Financial Powers Revoked
nandini-chakraborty-ias
Who Is Nandini Chakraborty? Former West Bengal Chief Secretary Gets Crucial Assignment in Suvendu Adhikari Govt
BEL
Bharat Electronics Wins Golden Peacock Award 2026 for Business Excellence, ESG and Governance Leadership
industrial-hub-
Bihar Govt Approves Land for NIFTEM in Hajiipur, Boosting Food Processing & Industrial Growth 
cm bihar
Bihar Govt Launches Initiative to Provide Safe and Legal Overseas Employment for Youth 
PNB
Punjab National Bank Honoured with Golden Peacock Award for Excellence in Training FY 2025–26 
ADVERTISEMENT
ADVERTISEMENT
Videos
Rupinder Brar
Rupinder Brar Beyond the Desk: Music, Mindfulness & the Many Sides of a Civil Servant
WhatsApp Image 2026-05-05 at 6.46
Rupinder Brar: The Officer Connecting Policy, People, and India’s Key Sectors
Punjab’s Welfare Push Backed by Surging Revenues Harpal Singh Cheema
Punjab’s Welfare Push Backed by Surging Revenues
ADVERTISEMENT
UPSC Stories
Ravi Laxmipriya IFS
From 3 Interview Failures to AIR 9 in UPSC IFS 2025: The Inspiring Journey of Ravi Laxmipriya
An Inspiring Story of Patience, Persistence, and Finding the Right Direction. Facing repeated UPSC disappointments,...
WhatsApp Image 2026-05-12 at 4.23
11 Years, One Dream, All CSE Attempts Exhausted: How Indian Coast Guard Officer Anshuman Singh Secured AIR 2 in UPSC IFS 2025
After Exhausting All UPSC CSE Attempts, This Coast Guard Officer Turned Setbacks Into Strength and Secured...
Dr Washim Ur Rahman UPSC
How Dr. Wasim Ur Rahman Cleared UPSC After Years of Setbacks and 5 Interviews
Dr. Wasim Ur Rahman secured AIR 157 in UPSC CSE 2025 after five interviews, IRS selection, and years...
CSR NEWS
CCL
CCL Wins Greentech CSR India Platinum Award 2026 for Transforming 5,000 Households in Hazaribag 
CCL’s Integrated Rural Development Initiative Benefits Over 5,000 Households, Promotes Women-Led Participation,...
nlc
NLC India Donates Life Support Ambulance in Odisha Under CSR Initiative to Boost Emergency Healthcare
NLC India Limited strengthens rural healthcare support in Sambalpur as Dharmendra Pradhan flags off fully...
BCCL
BCCL Wins Two Gold Awards at Greentech CSR India Awards 2026 for Skill Development and Education
Bharat Coking Coal Limited recognised in New Delhi for impactful CSR initiatives focused on education,...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
Tamilnadu-police-resized
Tamil Nadu Reshuffles 10 IPS Officers Across Internal Security Units; G. Dharmarajan Appointed DIG, Intelligence (Security)
Uttar Pradesh Wins ‘Exemplar’ Award in LEADS 2025 Rankings, Emerges as India’s Top Landlocked State in Logistics
Uttar Pradesh Wins ‘Exemplar’ Award in LEADS 2025 Rankings, Emerges as India’s Top Landlocked State in Logistics
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
Rupinder Brar
WhatsApp Image 2026-05-05 at 6.46
Punjab’s Welfare Push Backed by Surging Revenues Harpal Singh Cheema
ADVERTISEMENT
ADVERTISEMENT