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
IPS Amitabh Thakur 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
Join our WhatsApp Channel
ADVERTISEMENT
ADVERTISEMENT
Related Stories
ADVERTISEMENT
ADVERTISEMENT
NEWS
Dam
Bihar to Develop 29 Dams and 247 Ponds into Eco-Tourism Destinations with Private Investment
Rail Vikas NIgam Limited RVNL
RVNL Appoints Suyash Trivedi as Executive Director (Civil) to Boost Railway Infrastructure Projects 
HUDCO Odisha
HUDCO Signs MoU with Odisha Govt for ₹1 Lakh Crore Urban Infrastructure and Housing Projects
NTPC Bongaigaon
NTPC Bongaigaon Signs MoA with Zankla Foundation to Launch Project SRIJAN for Artisan Empowerment
Concor
CONCOR Q1 FY27 Throughput Rises 8.89% YoY to 14.04 Lakh TEUs, EXIM Volumes Grow 9.78%
hemant cm
CM Hemant Soren Unveils Major Higher Education Reforms with AI Courses, CBT Centres and Technical Upgrades
BEL Defence Orders BEL
BEL Secures ₹572 Crore New Orders Across Defence Electronics and Strategic Solutions
AI Champions Programme
ITDC, SCOPE and LBSNAA Launch AI Champions Programme to Strengthen Digital Governance Skills
ADVERTISEMENT
ADVERTISEMENT
Videos
Pulkit Khare
How Uttar Pradesh Is Preparing Its Youth for the AI Revolution
Haryana Leads India's First AI-Powered Bird Census
Haryana Leads India's First AI-Powered Bird Census
Divyanshu patel
How A Single-Minded Devotion of Divyanshu Patel Transformed Moradabad
ADVERTISEMENT
UPSC Stories
Tania Mishra IA&AS
Why Tania Mishra Chose IA&AS After Serving as a CISF Assistant Commandant
Tania Mishra cracked UPSC CSE 2023 with AIR 269 after serving as a CISF Assistant Commandant. Read her...
bhoopendra
Bhoopendra Dhakad: Raised in a Farming Family, Educated at IIT, Chosen by UPSC
IIT Kanpur graduate Bhoopendra Dhakad secured UPSC CSE 2025 AIR 494 after four attempts, overcoming setbacks...
ChatGPTImageJul62026at03_08_06P-2
Balancing Job & Dreams: How Jasmeet Kaur Turned Her Father's Dream into Reality with Rank 1 in UK PCS-2024
Jasmeet Kaur secured Rank 1 in the UKPSC-2024 examination after balancing her duties as a District Social...
CSR NEWS
MCL
MCL Invests ₹375.87 Crore in Odisha CSR Projects to Drive Healthcare, Education and Community Growth
Coal India Subsidiary Focuses on Healthcare, Education, Livelihood Support and Sustainable Growth Through...
SECL Ke Sushrut Gazette Notification
SECL’s ‘SECL Ke Sushrut’ Becomes First Coal PSU CSR Scheme to Get Gazette Notification
Ministry of Coal enables Aadhaar authentication for SECL’s flagship NEET coaching initiative, enhancing...
NMDC
NMDC Develops Modern Community Infrastructure in Panna Under CSR Programme for Rural Growth
New Facilities Promote Fitness, Sanitation and Inclusive Public Spaces, Strengthening Sustainable Development...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
Dam
Bihar to Develop 29 Dams and 247 Ponds into Eco-Tourism Destinations with Private Investment
Rail Vikas NIgam Limited RVNL
RVNL Appoints Suyash Trivedi as Executive Director (Civil) to Boost Railway Infrastructure Projects 
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
Pulkit Khare
Haryana Leads India's First AI-Powered Bird Census
Divyanshu patel
ADVERTISEMENT
ADVERTISEMENT