One of the major demands of the Cockroach Janta Party (CJP) in its protest against Chief Election Commissioner Gyanesh Kumar is to initiate criminal proceedings against him for mass disenfranchisement of citizens through the Special Intensive Revision (SIR). However, there is a catch. As per the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, the CEC and ECs enjoy legal immunity for all actions performed in their official capacity.
When the Bharatiya Janata Party (BJP) government introduced the Bill in the Parliament in December 2023, the entire focus was on the change in the selection process, which gave the ruling front an upper hand in the appointment of the CEC and ECs, thus eroding their independent stature. However, a clause which was not part of the original bill shared among the members had made its way into the Act. While presenting the Bill in Rajya Sabha on December 12, 2023, Union Law Minister Arjun Ram Meghwal proposed an amendment to insert a new clause 15A, which dealt with a crucial immunity to the ECs and CECs. The amendment, which was presented at the end of the debate, was passed without any discussion, and the Chairman agreed to include it as Clause 16.
