Democracy on Anvil

Elections serve as a fundamental mechanism for political representation, empowering citizens, legitimising authority, and facilitating dialogue between the electorate and their representatives. By enabling voters to select leaders and hold them accountable for their performance, elections make significant contributions to democratic governance. While democracy encompasses more than just elections, the latter is a crucial component that underpins the former. As Dankwart Rustow aptly noted, 'the people cannot decide until somebody decides who the people are.'"

The Right to Vote: An Indispensable Pillar of Democracy

In any democratic nation, the right to vote is not merely a privilege, but an essential condition that upholds the very fabric of democracy. In India, the right to vote, enshrined under Articles 326-329 of the Constitution, is not only a constitutional right but also an integral part of the fundamental rights framework. Although it is not explicitly listed in the chapter on fundamental rights, its significance is implicit in the broader constitutional scheme. Moreover, the Constitution makes it a civic duty for all eligible citizens to exercise this right.

The Election Commission of India: Upholding Electoral Integrity

The Election Commission of India (ECI), an autonomous constitutional body, is entrusted with the crucial responsibility of conducting elections. As per Article 324(1) of the Constitution, the ECI has the authority to oversee, direct, and control the preparation of electoral rolls and the conduct of elections to Parliament and state legislatures.

The ECI prepares electoral rolls in accordance with the Representation of the People Act, 1950. To maintain the accuracy and relevance of these rolls, the EC undertakes annual revisions across the country, as well as before elections or by-elections. Given the significant inter-state and intra-state movement of voters, regular updates are essential. In fulfilling its constitutional mandate, the EC ensures that only eligible citizens are enrolled as voters, excluding non-citizens from the electoral process.

Political Storm over Electoral Roll Revision in Bihar

The Special Intensive Revision (SIR) of electoral rolls in Bihar has sparked intense debate and controversy. The Election Commission of India (ECI) has initiated a door-to-door verification process for Bihar's 8 crore voters, requiring those not listed in the 2003 electoral rolls to provide additional documents, including proof of citizenship.

The opposition INDIA bloc alleges that this move will disenfranchise over 2 crore voters, particularly from marginalised sections, who may not possess the required documents. Critics argue that the revision is being done just before the assembly elections, raising suspicions about the EC's intentions.

Over 3 crore people who weren't in the 2003 rolls face stringent verification requirements, which may lead to exclusion. Voters born after 1987 must provide additional information about their parents if the latter weren't registered in 2003. Aadhaar and MNREGA cards aren't accepted as valid ID for those not found in older rolls.

The clause allowing Electoral Registration Officers to refer suspected foreign nationals under the Citizenship Act has raised alarm, particularly in the Seemanchal region. The Election Commission defends the SIR as a necessary exercise to ensure accurate and error-free electoral rolls. They claim that the process will help eliminate duplicate and bogus voters, ensuring that only eligible citizens participate in the electoral process.

The Supreme Court has refused to halt the SIR, but has asked the EC to consider Aadhaar, voter ID, and ration cards as acceptable documents. The matter will be heard again on July 28.

The Intervention of the Apex Court Solicited

The Supreme Court has agreed to hear a batch of petitions challenging the Election Commission of India's (ECI) decision to conduct a Special Intensive Revision (SIR) of electoral rolls in Bihar ahead of the assembly elections. The petitioners, including Trinamool Congress MP Mahua Moitra, RJD MP Manoj Jha, Association for Democratic Reforms (ADR), activist Yogendra Yadav, and others, argue that the exercise is arbitrary, unconstitutional, and violative of Articles 14, 19, 21, 325, and 326 of the Constitution.

Bihar's Complex Reality

Bihar's socio-economic context is marked by significant challenges, including high poverty rates, particularly among marginalised communities. According to recent data, 42.93 per cent of SC families and 42 per cent of ST families live in poverty. The state's literacy rate, although improved, remains one of the lowest in India, making it difficult for many to navigate complex administrative processes.

The current Special Intensive Revision (SIR) of electoral rolls has sparked controversy, with concerns that the process may disenfranchise vulnerable populations, including the poor and illiterate, due to stringent documentation requirements. The opposition alleges that this exercise, undertaken just before the assembly polls, may be politically motivated to benefit the ruling party.

The controversy also touches on the appointment of Election Commissioners, with critics arguing that the current process makes them dependent on the ruling party, potentially compromising their independence. In 2015, the Law Commission and in 2022, a five-judge bench of the Supreme Court recommended a collegium for appointing Election Commissioners, but the Modi Government has instead introduced a law that gives the Prime Minister significant influence over the appointment process.

Fr. John Felix Raj is the Vice Chancellor and Prabhat Kumar Datta is Adjunct Professor. Both at St. Xavier’s University, Kolkata. Views expressed are personal