Leader of Opposition in the Lok Sabha Rahul Gandhi on September 30 launched a fresh attack on Chief Election Commissioner Gyanesh Kumar, questioning the legal protection available to the head of the Election Commission of India.
In a post on X, Gandhi asked why Gyanesh Kumar was the only Indian with what he described as “lifelong blanket legal immunity”. He then alleged that Prime Minister Narendra Modi uses the CEC to “steal elections”. The remarks came amid an escalating political dispute over the functioning of the Election Commission and the Special Intensive Revision (SIR) of electoral rolls.
What Does the 2023 Law Say?
The controversy centres on the Chief Election Commissioner and Other Election Commissioners Act, 2023. Section 16 of the law provides legal protection to the Chief Election Commissioner and other Election Commissioners for actions, words or decisions made in the discharge of their official duties.
According to reports, the provision prevents courts from entertaining or continuing civil or criminal proceedings against serving or former election commissioners for acts carried out in their official capacity. The legal provision has now become a major point of contention between the Opposition and the government.
The Opposition has questioned whether such protection could weaken accountability, while the broader legal debate is expected to focus on the scope and constitutional validity of the provision.
Remarks Come Amid SIR Controversy
Gandhi’s latest comments came against the backdrop of the ongoing dispute over the Special Intensive Revision of electoral rolls.
The Congress and several Opposition parties have accused the Election Commission of irregularities in the voter-list revision process. Gandhi has repeatedly described alleged deletion of voters from electoral rolls as “vote chori” and has demanded accountability for officials responsible for such actions.
On September 28, Gandhi visited residents of Bela Estate in Delhi and highlighted claims that hundreds of voters had been removed from the electoral rolls. He subsequently argued that even the deletion of a single legitimate vote amounted to a serious violation of citizens’ electoral rights.
Election Commission Defends Its Process
The Election Commission has rejected allegations that its decisions lack legal authority. The poll body has maintained that differences of opinion within an institution are part of normal deliberations and that its orders are issued under established statutory procedures.
The controversy intensified after reports that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised objections on multiple occasions over decisions connected with the SIR process. According to reports, the two commissioners recorded concerns at least 14 times over a 10-month period.
The Election Commission, however, has maintained that all its orders have full legal sanction.
INDIA Bloc Considers Challenge to Immunity Provision
The issue of legal immunity has also moved beyond Gandhi’s individual criticism. Leaders of the INDIA bloc discussed the possibility of challenging the 2023 law during their meeting in New Delhi.
Opposition leaders have raised concerns about the provision and are considering legal and political measures against it. The bloc has also announced a wider programme of protests over the SIR exercise and the functioning of the Election Commission.
Among the measures announced are nationwide “Save Democracy” marches from October 2 to October 8 and a proposed march by Opposition MPs to the Election Commission on October 6. The bloc has also indicated that it may approach the President with its concerns.
Political Dispute Over Election Oversight
Gandhi’s latest remarks add another layer to the ongoing political confrontation surrounding the Election Commission. While the Opposition is questioning the scope of the legal protection given to election commissioners, the Election Commission has defended the legality of its actions.
The dispute is therefore centred on two connected issues: the accountability of constitutional election authorities and the conduct of the SIR process. With Opposition parties planning further protests and exploring legal avenues, the debate over the 2023 immunity provision is likely to remain a significant issue in India’s electoral politics.