WHY IN NEWS: Electoral Roll Revision in Bihar by ECI Sparks Debate on Voter Rights
WHAT IS SIR?
- It is a house-to-house verification exercise to rebuild electoral rolls from scratch.
- Conducted by Booth level officers under Section 21(3) of the Representation of the People Act, 1950 and Article 324(1) of the Constitution.
OBJECTIVES
- Include all eligible citizens (18+): Ensure only genuine Indian citizens aged 18+ are on the rolls.
- Exclude ineligible entries: Focus on removing: non‑citizens, illegal immigrants, duplicates, deceased individuals, and shifted voters .
- Protect electoral integrity and democracy: Reduce bogus or fraudulent entries, strengthening trust in elections and ECI’s constitutional responsibility .
- Ensure legal and procedural thoroughness: Follow constitutional mandates (Articles 324, 326), adhere to Representation of the People Act, allow appeals, and involve political parties .
ELECTORAL ROLL: CONSTITUTIONAL & LEGAL BASIS-
- Article 324: EC empowered for superintendence, direction, and control of electoral rolls.
- Article 326: Voting right for every citizen aged 18+.
- Representation of the People Act (RPA), 1950:
- Section 16: Disqualifies non-citizens.
- Section 19: Requires age (18+) and ordinary residence.
- Section 20: Defines “ordinarily resident” (mere property ownership ≠ residence).
- Section 21: EC may revise rolls through Special Intensive Revision (SIR).
- Judicial Review & Natural Justice: The ECI’s actions are subject to judicial scrutiny and must adhere to principles of fairness and reasonableness .
SUGGESTIONS:
- Expand Acceptable Document List: Include widely held IDs like Aadhaar, Ration card, and MGNREGA job card to reduce documentation pressure .
- Extend Timelines for Completion: Avoid disenfranchisement due to tight schedules.
- Public Engagement and Awareness Campaigns: Ramp up awareness drives in local dialects about document requirements, schedules, and help resources.
- Oversight & Audit of Deletions/Additions: Conduct spot audits in constituencies with high deletion rates.
ABOUT THE ELECTION COMMISSION OF INDIA (ECI):
Permanent and independent body: The Election Commission of India is a permanent and independent constitutional authority, established under Article 324 of the Indian Constitution.
Primary role: ECI is responsible for conducting elections to the Parliament, state legislatures, and the offices of the President and Vice President of India..
KEY FUNCTIONS AND DUTIES OF ECI
- Ensures Free & Fair Elections: Under Article 324, ECI oversees ALL national and state elections—including Lok Sabha, Rajya Sabha, President, and Vice-President—to guarantee transparency and neutrality
- Maintains Accurate Electoral Rolls: Prepares and updates voter lists and issues Voter ID (EPIC) cards to prevent fraud .
- Implements the Model Code of Conduct (MCC): Sets strict guidelines on political behavior during elections to ensure fairness. Example: During campaigns, ECI censors hate-speech and misuse of state machinery, banning violators or issuing notices.
- Delimitation of Constituencies:Determines the territorial boundaries of electoral constituencies as per the Delimitation Commission Act.
- Registration and Recognition of Political Parties:Registers parties and grants status of national or state party based on performance.
- Allotment of Election Symbols: Resolves disputes over party symbols and allocates them to recognized parties.
- Recommendation on Holding Elections under President’s Rule: Advises the President whether conditions are conducive for free and fair elections in states under President’s Rule.
- Power to Cancel Polls: Can annul elections if malpractices like booth capturing, voter bribery, or rigging are detected.
CHALLENGES AND CRITICISMS FACED BY THE ELECTION COMMISSION OF INDIA
- Lack of Statutory Backing for Model Code of Conduct (MCC):The MCC is not legally enforceable—it’s a moral code. This limits ECI’s power to take strict action against violations.
- Absence of Prescribed Qualifications: The Constitution does not specify legal, educational, administrative, or judicial qualifications for appointment to the ECI.
- Undefined Term Limits: There is no fixed tenure mentioned for the Chief Election Commissioner or the Election Commissioners.
- Rise in Electoral Malpractices: Influence of money power, muscle power, freebies, and media manipulation has increased.
- Lack of Regulation over Political Parties: ECI has no legal power to enforce inner-party democracy (e.g., mandatory elections within parties).
- Erosion of Institutional Independence:Appointment process of CEC and ECs is entirely controlled by the Executive without any role for judiciary or legislature. This creates a perception of bias or lack of neutrality, especially in politically sensitive decisions.
- Concerns over EVM Malfunctions: Allegations include EVMs not registering votes correctly, errors during counting, or susceptibility to hacking.
WAY FORWARD FOR ENHANCING ECI’S FUNCTIONING
Ensuring Autonomy
- Transparent Appointments: Implement Supreme Court’s 2023 judgment (Anoop Baranwal vs. Union of India) advocating a collegium system with the Prime Minister, Leader of Opposition, and Chief Justice of India for appointing CECs and ECs.
- Uniform Removal Process for ECs and CEC: As recommended by the 255th Law Commission Report, the removal of Election Commissioners should be made as stringent as that of the Chief Election Commissioner (similar to Supreme Court judges) to ensure independence.
- Ban on Post-Retirement Appointments: Bar CEC and ECs from accepting any government posts post-retirement (except ECs becoming CEC), as proposed by the Dinesh Goswami Committee (1990)—to avoid conflict of interest during service.
- Independent Secretariat: Establish a permanent and independent secretariat for the ECI, as suggested by the 255th Law Commission, to reduce dependence on government departments for staffing and logistics.
Improving Electoral Operations
- Statutory Backing to Model Code of Conduct (MCC):Grant legal status to the MCC, enabling the ECI to penalize violations (e.g., hate speech, bribery, misuse of official machinery) through defined sanctions.
- Implement Remote Voting for Migrants (RVMs): Pilot the Remote Voting Machine (RVM) system to allow internal migrants to vote from remote locations.
- Limit One Candidate to One Constituency: Amend electoral rules to prevent a candidate from contesting multiple seats in the same election.This will save on by-election costs and promote ethical candidacy.
Tackling Emerging Challenges
- AI-Powered Monitoring of Digital Campaigns: Use AI tools to monitor social media for hate speech, misinformation, deepfakes, and inflammatory content in real-time.
- Preventing Bogus Voting: Integrate facial recognition technology with Aadhaar-linked voter IDs to curb identity fraud and impersonation.
Voter Awareness and Inclusivity
- Strengthen SVEEP (Systematic Voters’ Education and Electoral Participation) to target urban apathy, disabled voters, and women’s participation.
KEY INITIATIVES OF THE ELECTION COMMISSION OF INDIA (ECI)
- EVM (1977/1982) – Digital voting device for faster, secure polling.
- SVEEP (2009) – Voter awareness and participation drive.
- cVIGIL (2018) – App to report MCC violations.
- VVPAT (2013) – Paper trail for vote verification.
- NERPAP (2015) – Cleans and authenticates electoral rolls.
- Global Ties – Founding member of A-WEB, Commonwealth & Stockholm networks.