Former EC Lavasa questions legal shield for CEC, ECs

Former election commissioner Ashok Lavasa on Friday questioned the legal shield provided to present and former chief election commissioners and commissioners from court cases under a new law, saying if a right decision has been taken, it should be able to pass the test before the judiciary. Responding to a question on the “immunity” provided to present and past members of the poll authority, Lavasa said it was an “extraordinary protection”.

“I am not aware if there is a comparable protection available to other public institutions or public servants. In a democracy, I think accountability is paramount. And therefore, this kind of legal shield to my mind should not be there,” he said on the sidelines of a panel discussion on accountability for the EC. He said if a right decision has been taken, “then a right decision also has to meet the test of it being defended before a court of law”. The Supreme Court has this week agreed to examine a plea challenging the immunity granted to the chief election commissioner and election commissioners under the CEC and EC Appointment Act, 2023. The plea argues that this section grants “unprecedented, unbridled power” to the CEC and election commissioners, providing them with permanent, blanket immunity from both civil and criminal proceedings, even in cases of alleged misuse of office. According to clause 16 of the law, no court will entertain or continue any civil or criminal proceedings against any person who is or was a chief election commissioner or an election commissioner for any act, thing or word, committed, done or spoken by him when, or in the course of acting or purporting to act in the discharge of his official duty or function.