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2023 law insulates CEC, EC from legal action; CEC’s removal only by Parliament

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NEW DELHI: As opposition parties threaten to impeach Chief Election Commissioner (CEC) Gyanesh Kumar and take action against the two election commissioners if the INDIA bloc comes to power, here is a look at the law on how they can be removed:

– The CEC and ECs are granted immunity from any legal action for decisions taken while in office under Clause 16 of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

“… 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, committed, done or spoken by him when, or in the course of acting or purporting to act in the discharge of his official duty or function,” the clause reads.

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