Election Commission Tells Supreme Court that Place in Electoral Roll is a Qualified Right, Not Absolute
The Election Commission of India (ECI) informed the Supreme Court that maintaining a place in the electoral roll is a 'qualified right' rather than an absolute one. During a hearing on the Special Intensive Revision (SIR) exercise in Bihar, the EC argued that voters must continuously fulfill essential conditions, such as Indian citizenship and age requirements, as laid out in Article 326 of the Constitution. The SIR is a verification exercise to ensure the integrity of the roll by weeding out duplicates and deceased voters, rather than a process to determine citizenship.
Key Points
- Article 326 of the Constitution provides for adult suffrage but requires voters to be 18 years old and Indian citizens.
- The EC maintains that the fulfillment of these conditions is a continuous requirement to remain on the electoral roll.
- The Special Intensive Revision (SIR) is defended as a verification exercise to improve voter turnout and roll accuracy.
- The EC clarified that the SIR does not add new parameters beyond those in the Constitution and the Representation of the People Act.
Exam Facts
- Article 326 of the Indian Constitution deals with elections to the House of the People and Legislative Assemblies on the basis of adult suffrage.
- Sections 16 and 19 of the Representation of the People Act, 1950, prescribe disqualifications and conditions for registration.
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