Legal and political debates intensify over electoral reforms, voter rights, and democratic accountability in India.
DAILY CURRENT AFFAIRS (15 JANUARY 2026)
LIFETIME IMMUNITY FOR ELECTION COMMISSIONERS UNDER SC SCANNER
Summary of the News
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 has come under judicial scrutiny for granting lifetime immunity from civil and criminal prosecution to Election Commission of India (ECI) office-bearers for acts done in discharge of official duties. A petition challenging the constitutionality of this provision has been admitted by the Supreme Court, which has issued notice to the Union Government and the ECI. The Court has indicated that it will examine whether such sweeping immunity undermines constitutional principles, especially free and fair elections and the independence of the Election Commission. The petition also challenges the new appointment mechanism that removes the Chief Justice of India from the selection panel and replaces them with a Union Minister, thereby tilting the balance towards the executive. The case raises serious concerns about accountability, institutional autonomy, and democratic safeguards.
Legal Perspective
The grant of lifetime immunity through the 2023 Act raises fundamental constitutional questions under Articles 14, 324, and the basic structure doctrine. Unlike judges, whose immunity is limited and constitutionally regulated, election commissioners now enjoy a broader, statutory, and lifelong shield from prosecution. This appears disproportionate and arbitrary, potentially violating the principle of equality before law. Further, when read alongside the revised appointment process dominated by the executive, the immunity provision risks eroding the independence of the ECI. Independence without accountability may foster executive influence, threatening the integrity of electoral democracy—an essential feature of the Constitution.
- Law involved: Chief Election Commissioner and Other Election Commissioners Act, 2023
- Key provisions: Lifetime immunity from civil and criminal proceedings
- Constitutional principles: Article 14 (equality), Article 324 (independent ECI), Basic Structure Doctrine
- Interpretation issue: Whether statutory immunity can exceed constitutional protections
- Impact: Possible dilution of institutional independence and accountability of the ECI
Why This News Is Important
For Exams: Demonstrates judicial review of electoral reforms and constitutional bodies under Indian constitutional law
For Aspirants: Relevant for Polity, Governance, and Constitutional Law preparation in competitive examinations
For Legal Practice: Significant for advocates dealing with election law, constitutional litigation, and institutional autonomy
For Policy Understanding: Highlights the balance between independence and accountability of constitutional authorities in a democracy
SOURCE – ECI
BSP TO OBSERVE MAYAWATI’S BIRTHDAY AS JAN KALYAN DIWAS ACROSS J&K
Summary of the News
The Bahujan Samaj Party (BSP) has announced that it will celebrate the birthday of its supremo and former Uttar Pradesh Chief Minister Mayawati on January 15, 2026, as “Jan Kalyan Diwas” across Jammu and Kashmir. The announcement was made by BSP J&K President Darshan Rana during a press conference in R.S. Pura. He stated that programmes would be organized in both the Jammu and Kashmir divisions. The main event for Jammu district will take place at Royal Palace, Salehar village, in the Bishnah Assembly constituency, where Nitin Singh, BSP Central Coordinator and State In-charge, will be the chief guest. Several senior BSP leaders were present at the press conference, and party workers have been urged to participate enthusiastically in the celebrations.
Legal Perspective
While the event is primarily political, it operates within the broader constitutional framework governing political parties under Article 19(1)(c) of the Constitution, which guarantees the right to form associations. Celebrations like Jan Kalyan Diwas also engage election-related laws when held in proximity to electoral periods, requiring compliance with the Model Code of Conduct and public order regulations. In Union Territories like Jammu and Kashmir, political mobilisation additionally intersects with administrative permissions, law and order oversight, and the regulation of public assemblies under local and central laws.
- Constitutional basis: Article 19(1)(c) – freedom to form political associations
- Election law aspect: Model Code of Conduct (if elections are notified)
- Public law angle: Regulation of public gatherings and assemblies
- Federal context: Political activity in a Union Territory under central administration
- Democratic principle: Right of political parties to mobilise and communicate ideology
Why This News Is Important
For Exams: Highlights constitutional provisions governing political parties and political mobilisation in Union Territories
For Aspirants: Useful for Polity and Current Affairs sections, especially for questions on federalism and UT governance
For Legal Practice: Relevant for understanding constitutional rights related to association, political participation, and representation
For Policy Understanding: Important for tracking regional political developments, particularly in Jammu & Kashmir
SOURCE –
‘ELECTORAL SYSTEM COMPROMISED’: ARUNDHATI ROY CRITICISES SIR, FLAGS DEMOCRATIC MISTRUST
Summary of the News
Writer-activist Arundhati Roy has sharply criticised India’s electoral process, calling it “completely compromised” amid the ongoing Special Intensive Revision (SIR) of electoral rolls. Speaking in Kolkata on the sidelines of an event at St Xavier’s College for her latest book Mother Mary Comes To Me, Roy expressed concern that elections — the last safeguard against autocracy — are no longer trusted by the public. The second phase of the SIR has reportedly led to the deletion of nearly 6.5 crore voters across nine States and three Union Territories, including West Bengal, Tamil Nadu, and Uttar Pradesh. The SIR exercise has triggered multiple legal challenges and is currently under examination by the Supreme Court, which has questioned whether a citizen’s right to vote can be suspended pending a decision on citizenship.
Legal Perspective
The controversy surrounding the SIR raises critical constitutional issues related to Article 326, which guarantees universal adult suffrage, and Article 21, which protects personal liberty and dignity. Critics argue that the SIR process reverses the burden of proof by compelling voters to establish eligibility, potentially leading to arbitrary disenfranchisement. The Supreme Court’s intervention signals judicial concern over whether administrative exercises can curtail voting rights without due process. While the Election Commission defends the exercise as essential for electoral integrity, excessive deletions may undermine public confidence and violate democratic principles, which form part of the Constitution’s basic structure.
- Key process: Special Intensive Revision (SIR) of electoral rolls
- Constitutional provisions: Article 326 (Right to Vote), Article 21 (Due Process)
- Core issue: Disenfranchisement and burden of proof on voters
- Judicial status: Pending before the Supreme Court
- Democratic principle: Free and fair elections as part of basic structure
Why This News Is Important
For Exams: Illustrates judicial oversight over electoral administration, voting rights, and due process under the Constitution
For Aspirants: Highly relevant for Polity, Constitutional Law, and democracy-related topics in UPSC and state PSC exams
For Legal Practice: Highlights the role of courts in protecting electoral fairness and citizens’ franchise
For Policy Understanding: Useful for analysing contemporary debates on democracy, citizenship, and institutional accountabilitySOURCE – ECI
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