"Lifelong statutory immunity to election functionaries sits uneasily with Article 14." Critically examine in light of the constitutional immunities available to the President, Governors and legislators.

Article 14 guarantees equality before law, the Rule-of-Law idea that no one is above the law [2]. Section 16 of the CEC and Other ECs Act, 2023 bars courts from hearing civil or criminal cases against anyone who "is or was" a CEC/EC for acts done or "purporting" to be done in official duty [1]. The aim is legitimate. However, the shield is wider than the immunities the Constitution itself grants.

Benchmark: constitutional immunities

Why it sits uneasily with Article 14

• Wider than the Constitution's own grants: ADR's petition says no other functionary keeps such protection after leaving office. The SC has issued notice on it [3].
• A bar, not a filter: there is no good-faith condition and no sanction route [1]. Public servants under Section 197 CrPC (now BNSS) face only a prior-sanction filter.
• Arbitrary classification: after retirement there are no more decisions to protect, yet the immunity continues. That weakens the reasonable nexus test.
• Independence deficit: the executive holds 2 of 3 Selection Committee seats [4]. A strong shield for an executive-chosen official erodes public trust.

Case for protection

• The ECI's work is adversarial, such as Model Code action and cancelling polls. Losing parties may file vexatious suits to intimidate it.
• The clause came in the same amendments that restored SC-judge salary parity [1], which shows an intent to strengthen the ECI's standing.
• The immunity is statutory, so it remains open to judicial review, unlike Art. 361.

Way forward

• The SC could read down Section 16 so that it covers only good-faith acts during the term, like Art. 361.
• Parliament could replace the bar with a sanction filter run by a non-executive authority.

Protection for honest decisions is defensible. Lifelong, blanket immunity is not. A calibrated shield would protect the ECI's independence under Article 324 while keeping everyone accountable under Article 14, which is essential to free and fair elections as part of the basic structure.