Election law | Election Commission

Section 146C: Protection of Action Taken in Good Faith

Section 146C of the Representation of the People Act, 1951 protects the Election Commission and persons acting under its direction from specified legal proceedings in respect of acts done or intended in good faith under the relevant provisions, as well as specified opinions and publications.

Key principle: The protection is tied to the statutory activities identified in Section 146C. It is not a general immunity for every act of an election authority, nor does the text dispense with the requirement of good faith for acts done or intended to be done under the Chapter.

Section 146C: Statutory text

No suit, prosecution or other legal proceeding shall lie against the Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of this Chapter or of any order made thereunder or in respect of the tendering of any opinion by the Commission to the President or, as the case may be, to the Governor or in respect of the publication, by or under the authority of the Commission of any such opinion, paper or proceedings.

Meaning and purpose of Section 146C

The section is a statutory protection clause. It enables the Election Commission to carry out its functions under the relevant Chapter without exposure to suits, prosecutions or other legal proceedings for actions falling within the terms of the provision. The phrase good faith is important when considering acts done or intended to be done pursuant to the Chapter or orders made under it.

Who and what does the provision protect?

Persons covered

It identifies the Election Commission and persons acting under the direction of the Commission. It does not, merely by virtue of employment or association, extend an unrestricted protection to everyone involved in an election.

Matters covered

The statutory language addresses (i) acts done or intended in good faith under the foregoing provisions of the Chapter or orders made thereunder; (ii) the Commission's tendering of an opinion to the President or Governor, as applicable; and (iii) publication, by or under the Commission's authority, of such opinion, paper or proceedings.

Nature of protection

The provision states that no suit, prosecution or other legal proceeding shall lie for the specified matters. Whether it applies to a particular allegation depends on the nature of the conduct, the authority under which it occurred and the actual statutory conditions. It should not be described as a blanket exemption from judicial scrutiny of every election-related decision.

Related provisions of the RP Act

Section 146 deals with the Election Commission's powers in the relevant inquiries; Section 146A provides specified protection for statements given in evidence; and Section 146B enables the Commission to regulate its own procedure. Section 146C concerns protection in relation to the exercise of these statutory functions and related opinions and publications.

Part VIII and historical repeals

Section 146C appears in Part VIII (Disqualifications) of the Act. Sections 139 to 145 (the former Chapters I to III) were repealed by the Representation of the People (Amendment) Act, 1966 (47 of 1966), section 62. This legislative history should be distinguished from the operative provisions of Sections 146 to 146C.

Official legislation and election resources

For the authoritative text and amendments, consult India Code and the Legislative Department, Government of India. For Election Commission materials, consult the Election Commission of India.