The debate over immunity to CEC, ECs

The provision granting life-long and unconditional immunity to the CEC or ECs was not part of the original Bill that was introduced in the Parliament. | Photo Credit: SUSHIL KUMAR VERMA

The story so far:

The Supreme Court has recently issued notices to the Centre on a petition filed by the Association for Democratic Reforms (ADR) challenging the lifelong immunity granted to the Chief Election Commissioner and Election Commissioners (CEC and EC) for actions taken in discharge of official duties.

What is equality before the law?

Equality is a fundamental right and part of basic structure of our Constitution. Article 14 guarantees that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Equality before law is a component of the concept of ‘Rule of Law’ propounded by British jurist A.V. Dicey. It means that there will be absence of any special privileges in favour of any person; everyone is subject to same set of laws; and there will be no person above the law, irrespective of their status in the society. Equal protection of the law is an American concept, which implies that there will be equality of treatment under equal circumstances, both in privileges conferred and liabilities imposed by the laws.

What are constitutional immunities?

The Constitution does provide some immunities/privileges to certain offices. Article 361 provides certain immunities to the President and Governors. It states that there shall be no criminal proceedings and no process for arrest or imprisonment of President or Governor during their term of office. Even civil proceedings against President or Governor cannot be initiated except until expiration of 2 months’ notice. These privileges were available to Governor General and Governors during the British rule. They have continued to exist under our Constitution to maintain the dignity of these high offices.