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.
