24 Dec 2025 : Electoral Integrity

Editorial 1 : Electoral Integrity

Context:

The critiques the Special Intensive Revision (SIR) of electoral rolls, highlighting risks of disenfranchising eligible voters and constitutional flaws in citizenship verification.

Introduction

The Election Commission of India (ECI) has initiated the Special Intensive Revision (SIR) of electoral rolls to ensure accuracy, remove duplicates, and maintain the integrity of voter lists. While the objective aligns with its constitutional mandate under Article 326 and the Representation of the People Act, 1950, the process raises concerns about the determination of citizenship and voter eligibility. Many citizens lack reliable documents due to historical weaknesses in birth, death, and migration records. Consequently, procedural gaps and excessive discretion may lead to the disenfranchisement of eligible voters, challenging democratic principles and natural justice.

Background and Purpose of SIR

• Objective: Address duplication, ineligible voters, and alleged deficiencies in the electoral rolls, as permitted under Article 326 of the Constitution and Sections 16–19 of the Representation of the People Act, 1950.
• Process: Voters provide personal details, EPIC numbers, and supporting documents; draft rolls are prepared, notices issued, and appeals allowed for doubtful cases.
• Challenge: Electoral Registration Officers (EROs) lack constitutional authority to adjudicate citizenship, which is a matter governed by the Citizenship Act, 1955.

Operational Challenges and Constraints

• Weak Civil Registration: Birth, death, and migration records are incomplete, especially in earlier decades. Many citizens lack documentary proof.
• Verification Limitations: Reliance on indirect methods and legacy roll linkage introduces informational uncertainty.
• Administrative Discretion: Broad powers given to local officials can lead to arbitrariness, risking disenfranchisement.

Soundness vs. Completeness

Democratic and Ethical Implications

• Violation of Natural Justice: Deletion of voters without prior notice or hearing shifts the burden of proof onto citizens.
• Supreme Court Guidance: Maneka Gandhi v. Union of India (1978) emphasizes fair, just, and reasonable procedures, particularly when fundamental rights are at stake.
• Democratic Harm: Exclusion of eligible voters undermines electoral participation more than inclusion of a few ineligible ones.

Recommendations

• Prioritize Completeness: Ensure every eligible citizen retains the right to vote.
• Separate Citizenship Adjudication: Leave citizenship verification to statutory authorities under the Citizenship Act.
• Strengthen Civil Registration Systems: Improve birth, death, and migration records.
• Clear and Uniform Procedures: Minimize discretionary powers of local officials.
• Due Process Safeguards: Mandatory notice, hearing, and citizen support before any deletion.

Conclusion

The SIR underscores the delicate balance between electoral integrity and constitutional morality. While the process aims to prevent ineligible voting, the ECI must ensure that no eligible citizen is disenfranchised, upholding democratic principles and protecting the right to vote in the world’s largest democracy.