CEC gets protection from lawsuits, FIRs after EC flags issue with govt: Report
The number of litigations against the CEC in election related issues of late prompted the government to pass an amendment that protects ECI officials from court orders and FIRs
A recent bill passed by the Rajya Sabha, governing the appointment and other service conditions of Chief Election Commissioner (CEC) and Election Commissioners (EC), has come in for a lot of flak from several quarters, including a retired Supreme Court judge. They allege that the bill can 'seriously jeopardise the freedom of the EC'.
However, a new amendment in the bill, which prevents current and former members of the EC from being hauled to court, or FIRs being filed against them, has been welcomed by former CECs.
According to a report in The Sunday Express, this amendment was made after the EC had flagged the issue with the government expressing its concerns over the slew of FIRs and court orders against the CEC in election related issues. In fact, while the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 was being discussed in the Rajya Sabha on December 12, law minister Arjun Ram Meghwal had moved the amendment to include this new clause which can provide immunity to the CEC and EC from court cases.
The report said that the number of litigations against the EC, of late, has prompted the government to move this amendment. This was not the norm 15 to 20 years ago, said a former CEC in the news report. This protection from litigations can now help the EC to function without any hindrance.
Recent court cases against EC
Recent cases against the EC include one in Mahabubnagar, Telangana. In August, a trial court, who had ordered an FIR against the Mahabubnagar MLA for tampering with his 2018 election affidavit, also included CEC Rajiv Kumar and other EC officials as co-accused. Later that month, the Telangana high court suspended the judge in question, added the report.
The Karnataka high court too quashed a summons issued to former CEC Sunil Arora last year by a single-judge bench in a 2019 election case. The HC said that a current or former Constitutional functionary cannot be summoned. While, a Madras high court judge observing the EC was responsible for the spread of COVID-19 for conducting the Tamil Nadu elections, had said the officers should be “booked”. Clearly, the EC was vulnerable for just doing its job which involved quasi-judicial and administrative functions, added the report.
Besides providing protection for the poll panel, the new Bill also addressed another concern raised by a group of former CECs. That had to do with maintaining the status of the CECs and ECs on par with that of a SC judge. Earlier, the Bill had said that they be equated with the post of a cabinet secretary. But, now after the former CEC protested and dashed off a letter to the Prime Minister, the ECI status is now equivalent to a Supreme Court judge.
Importantly, in the news report, though former CEC SY Quraishi seemed to welcomed the protection from litigation, he expressed his unhappiness over the inclusion of another clause that allows the President to make rules to determine conditions of service related matters for the CEC and EC such as travel allowance, medical facilities etc.
