Syllabus: Salient features of the Representation of People’s Act
Context: Election Commission set to announce schedule for pan-India Special Intensive Revision (SIR) of electoral rolls covering over 10 states initially.
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- First Phase Coverage: SIR implementation begins in election-bound states including Assam, Tamil Nadu, Puducherry, Kerala, West Bengal where Assembly elections due in 2026.
- Two-Phase Rollout: States with scheduled local body polls and harsh winter weather conditions tackled in later phases.
- Preparedness Review: Two-day Chief Electoral Officers conference assessed all states’ readiness; full commission will decide schedule after internal discussions and announce soon.
Special Intensive Revision
- Definition: Door-to-door verification of electoral rolls through comprehensive house-to-house enumeration process.
- Legal Basis: Conducted under Section 21(3) of Representation of People Act, 1950 and Article 324.
- Constitutional Power: Article 324 empowers Election Commission of India for electoral roll supervision nationally.
- Hybrid Process: Combines intensive and summary revision features requiring additional documentation in selected cases.
- Rationale for SIR
- Duplicate Entries: Rapid migration, urbanization and dual enrollment have inflated electoral rolls significantly.
- Political Allegations: Accusations of voter roll manipulation in states like Maharashtra necessitated comprehensive re-verification.
- Outdated Records: Bihar’s last SIR conducted in 2003; long gap compromises electoral integrity substantially.
- Border State Concerns: Foreign nationals infiltration risks in border states requiring proof-based verification measures.
- Electoral Credibility: Enhances voter roll transparency before high-stakes elections in politically sensitive states.
- Implementation Process
- Enumeration Forms: Booth Level Officers distribute pre-filled forms to households seeking updated voter documents.
- Citizenship Proof: Post-2003 enrolled voters must submit birth certificates or parents’ citizenship proof.
- ERO Verification: Electoral Registration Officers decide inclusion or deletion; refer doubtful cases under Citizenship Act.
- Scale Example: Bihar re-verifying over 8 crore voters using 1 lakh BLOs and 4 lakh volunteers.
- Timeline: Revision targeted for completion by July 25, months before scheduled Assembly elections.
- Supporting Arguments
- Constitutional Authority: Article 324 grants ECI plenary powers ensuring free and fair elections per Mohinder Singh Gill case.
- Roll Sanitization: Migration and multi-location enrollment threaten integrity; SIR helps cleanup duplicate entries.
- Historical Precedent: SIRs conducted earlier 1952-2004, especially post-state reorganization or demographic shifts.
- Technology Integration: Digitized databases, photographs and GPS-based records enhance monitoring reducing human errors.
- Political Neutrality: ECI claims all parties notified and allowed appointing Booth Level Agents observing process.
- Critical Arguments
- Burden Reversal: Proof burden now on voters, not objectors contradicting Rule 18 of Registration Rules.
- Arbitrary Cutoff: Only post-2003 enrolled voters face strict checks; illogical division lacking legal precedent.
- Disenfranchisement Risk: Voters without birth certificates in flood-prone areas may be excluded despite having Aadhaar/EPIC.
- Field Irregularities: Complaints include wrong addresses like “cremation ground,” missing names and blank entries observed.
- Selective Timing: Conducted only in Bihar before polls; opposition alleges manipulation favoring ruling alliance.
- Way Forward
- Documentation Clarity: Government must notify official citizenship proof under Citizenship Act avoiding ambiguity completely.
- Broader Acceptance: Include Aadhaar, Voter ID, Ration Card, MNREGA card especially for marginalized rural voters.
- ECI Precedents: Reinstate 2003-style inclusive enumeration without imposing additional burdens on genuine voters.
- Judicial Review: Courts can review post-election actions per Mohinder Singh Gill safeguarding electoral justice.
Q- Discuss the legal basis for Special Intensive Revision under the Representation of People Act, 1950 and Article 324 of the Constitution. How does the arbitrary post-2003 cutoff affect electoral fairness? (15 Marks)