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Leader of Opposition in the Lok Sabha and Congress leader Rahul Gandhi has questioned the legal protection available to Chief Election Commissioner Gyanesh Kumar amid the ongoing political controversy over the Special Intensive Revision (SIR) of electoral rolls. Gandhi alleged that the immunity granted to the Election Commission’s top officials raises questions about accountability and transparency in the electoral process.
In a post on social media platform X on Wednesday, Gandhi asked why CEC Gyanesh Kumar had what he described as “lifelong blanket legal immunity”. He then attributed the protection to an allegation that Prime Minister Narendra Modi uses the CEC to “steal elections”. The statement came as opposition parties stepped up their campaign against the Election Commission over SIR-related issues.
What Did Rahul Gandhi Say About Gyanesh Kumar’s Immunity?
Gandhi’s remarks were directed at Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
Under the provision, courts cannot entertain or continue civil or criminal proceedings against a serving or former CEC or Election Commissioner for an act, thing or word committed, done or spoken while acting, or purporting to act, in the discharge of official duties or functions.
The provision applies to the office-holders covered by the 2023 law and is not a protection specifically created for Gyanesh Kumar. The law also contains provisions concerning the removal of the CEC and Election Commissioners.
The CEC can be removed only in the same manner and on the same grounds as a Supreme Court judge, while other Election Commissioners can be removed on the recommendation of the CEC.
SIR Becomes the Centre of Political Dispute
The latest political confrontation is closely linked to the Election Commission’s Special Intensive Revision of electoral rolls. The exercise has triggered criticism from several opposition parties, which have raised concerns about the possible exclusion of eligible voters and the procedures being followed during the revision.
Congress and other INDIA bloc parties have accused the Election Commission of failing to adequately address their concerns. The opposition alliance has demanded action against Gyanesh Kumar and has been preparing a joint political programme over the issue.
The controversy intensified after reports that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised objections on several occasions over decisions and orders connected with SIR. According to reports cited in the political debate, the two commissioners recorded concerns at least 14 times over a period of 10 months.
The Election Commission, however, has rejected the suggestion that such differences indicate institutional dysfunction. It has said that differing views and observations are a normal part of internal deliberations and maintained that its final decisions, including those related to SIR, were taken unanimously and carried legal sanction.
INDIA Bloc Plans Further Action
The dispute has also brought opposition parties together around demands concerning the functioning of the Election Commission. Leaders of the INDIA bloc met in New Delhi on Wednesday to discuss a coordinated response to the SIR controversy.
The alliance has sought the removal of Gyanesh Kumar and has also called for the use of pre-SIR electoral rolls for future elections. Other demands raised by opposition leaders include stronger mechanisms for voters excluded from electoral rolls and safeguards against the exclusion of eligible voters because of administrative or technical issues.
The BJP has rejected the opposition’s allegations and criticised the proposed protests. Union minister Shivraj Singh Chouhan accused the INDIA bloc of using the Election Commission controversy for political purposes, while questioning the alliance’s
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Legal Questions Now Under Scrutiny
The controversy over immunity has also moved into the legal sphere. The 2023 law’s Section 16 provides protection for official acts of the CEC and Election Commissioners, while separate provisions establish their appointment, tenure and removal mechanisms.
Meanwhile, the Supreme Court is scheduled to consider a petition challenging aspects of the Election Commission’s functioning and the SIR process. The petition has sought, among other things, the suspension of the CEC and legal scrutiny of decisions taken in connection with the electoral-roll revision.
For now, the dispute remains centred on two separate but connected questions: how the SIR exercise should be conducted and what degree of legal protection Election Commissioners should receive for actions taken in their official capacity.
As the political parties continue their confrontation, the Election Commission has maintained that its actions are within the statutory framework, while opposition parties have continued to demand greater accountability and changes to the electoral-roll revision process.
