Election Commission Defends Voter Roll Revision in Supreme Court
The Election Commission of India (ECI) has told the Supreme Court that allegations of mass voter deletion during its Special Intensive Revision (SIR) are “highly exaggerated, speculative and politically motivated.” In an 81-page affidavit, the poll body sought dismissal of petitions challenging the exercise.
Key Takeaways
- The EC filed an affidavit defending the Special Intensive Revision (SIR) of electoral rolls.
- It termed allegations of mass disenfranchisement as “politically motivated.”
- The commission asserts its powers are grounded in Articles 324 & 326 of the Constitution.
- Only voters who cannot trace eligibility to the 2002 SIR need to submit documents.
EC’s Legal Standpoint
In the affidavit filed by Secretary Pawan Diwan on November 26, the EC stated that the narrative of widespread disenfranchisement, particularly in West Bengal, was being “amplified to serve vested political interests.” The commission argued that a harmonious reading of constitutional articles and electoral laws vests it with the power to assess voter eligibility, including citizenship.
“The guidelines issued with respect to the SIR exercise are constitutional and in the interest of maintaining the purity of electoral rolls, which is a pre-requisite for free and fair elections that form a basic feature of the Constitution,” the affidavit said.
Constitutional Powers and Process
The EC emphasized that its authority stems from Article 324 of the Constitution, which vests superintendence, direction, and control of electoral rolls with the commission. It described the revision process as a “cooperative and participatory exercise.”
Eligibility under Article 326—covering citizenship, age, residency, and absence of disqualification—is presumed unless contrary information is received. The EC stated that allegations of arbitrary action or violation of Article 14 (right to equality) were “misconceived.”
Background and Scope of SIR
The Supreme Court bench of Chief Justice Surya Kant and Justice Joymalya Bagchi had sought the EC’s response on petitions filed by the DMK, CPI(M), Congress’s West Bengal unit, and TMC leaders. These petitions challenged the SIR exercise in Tamil Nadu and West Bengal.
The pan-India SIR was launched on June 24, starting with Bihar. Phase II, covering 12 states including Tamil Nadu, West Bengal, and Uttar Pradesh, began on October 27.
“This Court would be loath to countenance the highly speculative and exaggerated contentions of the petitioner… as regards possibility of mass disenfranchisement and improper implementation of SIR in the State of Tamil Nadu,” the EC’s affidavit stated.
EC’s Assurance to Voters
The commission asserted it is fully aware of its responsibility and is making all efforts to ensure the SIR is implemented successfully, leaving no eligible voter out of the rolls. It reiterated that the SIR aims to weed out ineligible persons, thereby adding to the purity of elections.
Dismissing the concerns raised by political parties, the Election Commission concluded that the claims remain “highly speculative and exaggerated.”
