Relevance: GS II (Polity – Elections & Constitutional Rights) | Source: The Hindu

1. What is the News? 

The Supreme Court recently intervened during the West Bengal Assembly elections to address the mass deletion of names from the voter list. 

• During a routine update called the Special Intensive Revision (SIR), over 40 lakh voter claims were reviewed, resulting in a massive 45% exclusion rate. This raised serious fears that genuine citizens were being unlawfully stripped of their voting rights just before the polls.

2. Supreme Court’s Core Directives

The Supreme Court stepped in to prevent mass disenfranchisement:

• Rights are Not “Washed Away”: The Court clarified that even if a person is mistakenly removed from the voter list, their democratic right to vote is not permanently destroyed.
• Appellate Tribunals: To ensure justice, 19 special tribunals headed by former High Court judges have been set up. Excluded voters can appeal their cases here.
• Mandatory Proof: The Election Commission (EC) cannot arbitrarily delete names. Adjudicating officers must provide clear, written reasons proving why a voter was removed.

3. Citizenship vs. Voting Rights

• Not a Fundamental Right: The right to vote is a Constitutional Right (under Article 326) and a Statutory Right, but it is not a Fundamental Right.
• Loss of Voter ID ≠ Loss of Citizenship: Being removed from the electoral roll means you cannot vote in that specific election. It does legally strip you of your Indian citizenship. However, practically, losing a Voter ID creates severe hardships for the poor in accessing welfare schemes and rations.

The “UPSC Trap”

• The “Fundamental Right” Trap: UPSC frequently tries to trick students by stating that the Right to Vote is a Fundamental Right. Incorrect. It is a Constitutional Right and legal derived from Article 326 and RPA Act.
• The “RPA Mix-up” Trap: A statement might claim that the Representation of the People Act, 1951, governs the preparation of electoral rolls. Incorrect. The RPA 1950 deals with voter lists (electoral rolls), while the RPA 1951 deals with the actual conduct of the elections.

UPSC Value Box

With reference to the electoral rights and laws in India, consider the following statements:

1. The Right to Vote in India is a Fundamental Right guaranteed under Part III of the Constitution.
2. The preparation and revision of electoral rolls are primarily governed by the Representation of the People Act (RPA), 1950.
3. The deletion of an individual’s name from the electoral roll automatically results in the loss of their Indian citizenship.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 2 only

(c) 2 and 3 only

(d) 1, 2 and 3

Correct Answer: (b)