New Delhi, India | August 19: As opposition parties mull impeachment proceedings against Chief Election Commissioner (CEC) Gyanesh Kumar, legal provisions make clear that India’s top election officials enjoy strong protections from legal or political action.
Under the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, the CEC and other Election Commissioners are shielded from civil or criminal proceedings for actions taken in the course of their official duties.
Clause 16 of the law states that “no court shall 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… in the discharge of his official duty or function.”
Importantly, the removal of the CEC is possible only through impeachment by Parliament, a process similar to that required for removing a Supreme Court judge. The Election Commissioners, however, can be removed by the President on the recommendation of the CEC.
The provisions highlight the constitutional intent to safeguard the independence of the Election Commission, insulating it from political pressures even during heated electoral disputes.