"Statutory immunity for election functionaries protects institutional independence but may erode accountability." Critically examine with reference to Section 16 of the CEC and Other ECs Act, 2023.

Section 16 of the CEC and Other ECs Act, 2023 stops courts from hearing "any civil or criminal proceedings" against a serving or former CEC or EC for acts done while "acting or purporting to act" in official duty [2]. The provision is now challenged in the Supreme Court for violating the Basic Structure [1]. It protects neutrality, but it goes further than that purpose needs.

Immunity as a shield for independence

• Protection from harassment cases: parties that lose may file revenge cases over decisions on the Model Code, electoral rolls or poll schedules. Fear of personal liability leads to timid decisions.
• Same footing as judges: like the Judges (Protection) Act, 1985, it adds to the CEC's security of tenure, which is equal to a judge's. Under Article 324(5), the CEC can be removed only like a Supreme Court judge [3].
• ECI decisions can still be reviewed: the bar protects the person, not ECI orders. Those can still be challenged under Articles 32 and 226.

Why it may erode accountability

• Blanket and lifelong: it covers former office-holders too, and acts that only claim to be official. Petitioners say this shields corruption and forgery [1], which do nothing for independence.
• Shuts out the courts: petitioners argue it bars constitutional courts from hearing cases [1]. That would hit judicial review, a Basic Structure feature (L. Chandra Kumar, 1997).
• Wider than Article 361: the Constitution gives personal immunity only to the President and Governors.
• Government-dominated selection: the government holds two of the three Selection Committee seats [3]. The SC has said the Act must still pass a "perception test" of independence [5]. When the government picks the CEC and courts cannot reach the CEC, the checks are weak at both entry and exit.
• Little scrutiny in Parliament: the clause was not in the Bill as introduced. It was added as clause 15A through Rajya Sabha amendments [2] before the Bill passed in December 2023 [4].

Way forward

• Read down Section 16 to cover only good-faith acts, and exclude corruption and forgery by name.
• Replace the total bar with a prior-sanction filter, as in the Prevention of Corruption Act, 1988.
• Put a neutral member back on the Selection Committee, as the Law Commission (2015) recommended [3][6].

Under Article 324, independence and accountability support each other; they are not rivals. A limited good-faith immunity with a filter before prosecution would let election officials act without fear while keeping them under the rule of law. That strengthens free and fair elections, which Indira Gandhi v. Raj Narain made part of the Basic Structure.