Constitutional Challenges and Judicial Drift in the Special Intensive Revision of Electoral Rolls
The article discusses the Special Intensive Revision (SIR) of electoral rolls conducted by the Election Commission of India (ECI) in various states, including West Bengal and Bihar. It raises concerns about the 'judicial drift' where the Supreme Court acts as an administrator rather than a constitutional adjudicator. The SIR process, which involves large-scale revisions, is criticized for potentially disenfranchising vulnerable populations by placing the burden of proof of citizenship on the residents. The author argues that the ongoing SIRs amount to an exercise where entire populations are called upon to establish their citizenship without pre-existing cause for suspicion.
Key Points
- The SIR process involves a wholesale revision of voter rolls, often leading to arbitrary deletions and hardship for residents.
- The Representation of the People Act authorizes the ECI to conduct special revisions, but the scale of current SIRs is questioned.
- The 1995 Lal Babu Hussein case established that notices for removal must be directed at specific individuals with disclosed reasons for suspicion.
- The current SIR process is criticized for inverting the state-citizen relationship by presuming non-citizenship.
Exam Facts
- Case Reference: Lal Babu Hussein and Others vs Electoral Registration Officer and Others (1995).
- Legal Provision: Representation of the People Act (India's umbrella election law).
- Form 7: Used by any person to 'object' to the inclusion of any person in the electoral roll.
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