A Public Interest Litigation (PIL) has been filed in the Supreme Court (SC) backing the Election Commission's (EC) initiative to revise electoral rolls, emphasizing the necessity for regular revisions to maintain the integrity of the voter list. The PIL supports the Election Commission's efforts to ensure that only eligible Indian citizens are enfranchised. This comes amidst concerns and challenges raised against the EC's decision to conduct a Special Intensive Revision (SIR) of electoral rolls, particularly in states like Bihar, ahead of upcoming elections.
The PIL, filed by advocate Ashwini Kumar Upadhyay, seeks the apex court's direction to the Election Commission to conduct special intensive revisions of electoral rolls at regular intervals across the country, especially before Parliamentary, state assembly, and local body elections. The core argument is to ensure that only genuine Indian citizens determine the nation's policies, preventing illegal foreign infiltrators from participating in the electoral process. Upadhyay contended that it is the constitutional duty of the Centre, State and EC to ensure that only genuine citizens cast their vote, not the foreigners.
The plea invokes Article 324(1) of the Constitution, which grants the ECI superintendence, direction, and control over elections, and argues that accurate electoral rolls are necessary to ensure free and fair elections under Article 326. It emphasizes that regular and thorough revisions are essential to uphold electoral purity and safeguard the right to vote by eliminating fraudulent, ghost, or duplicate entries. Section 14(1) of the Representation of the People Act mandates annual summary revisions of electoral rolls, while Section 21(3) allows for special intensive revisions to address serious irregularities when the normal cycle is insufficient. The PIL argues that with election outcomes often decided by narrow margins, illegal voters can significantly influence results, making special revisions crucial to deter fraud and protect the electorate's mandate.
The Supreme Court has agreed to hear petitions challenging the Election Commission of India's decision to conduct a Special Intensive Revision of electoral rolls in Bihar. Lawyers arguing against the revision contend that voters risk deletion from the rolls if they fail to submit forms with required documents, even with a long voting history. Concerns have been raised about the strict timeline for the revision, potentially leading to the disenfranchisement of genuine voters. The Association for Democratic Reforms (ADR) has also filed a petition stating that the SIR order, if not set aside, could arbitrarily disenfranchise lakhs of voters, disrupting free and fair elections.
Amidst the opposition's concerns about potential disenfranchisement, the Election Commission has eased voter registration rules in Bihar, allowing voters to submit forms without required documents initially, which can be submitted later. The poll panel has reminded that the constitutional provision says only Indian citizens can vote. The Election Commission has stated that the special intensive revision of electoral rolls in Bihar is progressing as per order. The EC has cited reasons such as rapid urbanisation, frequent migration, young citizens becoming eligible to vote, non-reporting of deaths, and inclusion of the names of foreign illegal immigrants as reasons that have necessitated the intensive revision.
