Source: TOI
Subject: Polity
Context: The Supreme Court of India, rebuked the Election Commission (EC), stating that the right to be on the electoral roll and to vote is not only a constitutional right but a sentimental expression of nationality and patriotism.
About Voting as a Sentimental Right: Supreme Court’s Message to the Election Commission:
What it is?
- The Supreme Court, through a Bench led by CJI Surya Kant and Justice Joymalya Bagchi, emphasized that voting is the primary participatory process in a democracy.
- The Court’s remarks targeted the Special Intensive Revision (SIR), an exercise meant to purify the rolls that instead led to mass exclusions based on technicalities called logical discrepancies—a category not found in other states like Bihar.
Background:
- The Supreme Court strongly rebuked the Election Commission over the Special Intensive Revision (SIR) of electoral rolls in West Bengal, where nearly 34 lakh voters were deleted using a new “logical discrepancy”
- The Court emphasized that the right to remain on the electoral roll and to vote is not merely constitutional, but also a sentimental expression of nationality and patriotism.
- It held that fairness and inclusion must prevail over statistical justifications, warning that large-scale exclusions can undermine the legitimacy of democratic outcomes, especially in closely contested constituencies.
- The Court directed the appellate tribunals to hear pending cases on the principle of inclusion, reinforcing that administrative efficiency and technology cannot override due process and voting rights.
Constitutional Articles on Voting:
- Article 324: Grants the Election Commission the power of superintendence, direction, and control of the preparation of electoral rolls and the conduct of elections.
- Article 325: Mandates that there shall be one general electoral roll for every territorial constituency and no person shall be ineligible for inclusion on grounds of religion, race, caste, or sex.
- Article 326: Establishes Adult Suffrage, stating that every citizen of India who is not less than 18 years of age shall be entitled to be registered as a voter unless disqualified under the Constitution or any law.
Laws Associated with Voting:
- Representation of the People Act, 1950: Governs the allocation of seats, the delimitation of constituencies, and the qualifications of voters and the preparation of electoral rolls.
- Representation of the People Act, 1951: Provides for the actual conduct of elections, the administrative machinery, the qualifications/disqualifications of members, and the adjudication of election disputes.
- Registration of Electors Rules, 1960: Lays down the procedure for the preparation and revision of electoral rolls, including the filing of claims and objections.
- Conduct of Election Rules, 1961: Details the technical process of voting, counting, and the use of EVMs/VVPATs.
Challenges Associated with Electoral Rolls
- Arbitrary Deletions: As seen in West Bengal, suo motu and unilateral purging of names by the EC without adequate personal hearings violates due process.
- Technological Gaps: Using logical discrepancy algorithms can lead to mass exclusions of genuine voters whose data might have minor clerical errors.
- Appellate Backlog: With over 34 lakh appeals pending before just 19 tribunals, the legal machinery is overwhelmed, potentially disenfranchising voters before they can be heard.
- Timing of Revisions: Conducting intensive revisions too close to the dust and fury of an impending election creates an uncertain atmosphere and logistical chaos.
- Data Inconsistency: Deviating from established benchmarks (like the 2002 rolls) creates a moving goalpost for citizens trying to prove their identity.
Way Ahead:
- Robust Appellate Process: Establishing permanent and well-staffed appellate tribunals to ensure that no voter is purged without a fair, transparent hearing.
- Standardized SOPs: Ensuring that categories like logical discrepancy are standardized across all states to prevent regional bias or unfair treatment.
- Judicial Oversight: Utilizing judicial officers for scrutiny in sensitive regions to act as an enabler between the State and the Election Commission.
- Continuous Revision: Shifting away from Special Intensive Revisions near elections toward a more gradual, year-round, and inclusive roll maintenance system.
- Digital Transparency: Allowing citizens to track the status of their voter registration and any flags on their data through a transparent, user-friendly portal.
Conclusion:
The Supreme Court has rightly reminded the Election Commission that the electoral roll is not just a list of names, but a ledger of national identity and democratic participation. By deploying judicial officers to protect the due process rights of 34 lakh citizens, the Court has placed a check on unilateral bureaucratic purges that threaten to tilt election outcomes. Ultimately, the fairness of the electoral process depends on ensuring that the sentimental right to vote remains accessible to every person born in India.
