Relevance for UPSC: GS Paper II (Polity, Governance, Constitution, Right to Vote)
Source: The Hindu; Supreme Court proceedings

Context

The Election Commission of India (ECI) has defended the ongoing Special Intensive Revision of electoral rolls before the Supreme Court, asserting that it has a constitutional obligation to ensure that no foreigner is included in voter lists.

•  The Commission has rejected allegations equating the exercise with a citizenship enumeration, calling such claims legally incorrect and misleading.
• In Uttar Pradesh, the exercise led to large-scale deletions (more than 2.8 Crore) in draft rolls, intensifying debates on electoral integrity versus democratic inclusion.

Constitutional and Legal Framework

• Article 324: Entrusts the ECI with superintendence, direction, and control of elections, including roll revision.
• Article 326: Guarantees adult suffrage exclusively to citizens of India, making citizenship a core eligibility condition.
• Article 325: Prohibits discrimination in electoral rolls on social grounds, but allows exclusion based on citizenship.
• Representation of the People Act, 1950: Provides statutory backing for preparation, revision, and correction of electoral rolls.
• Electoral Registration Rules, 1960: Mandate notice, objection, hearing, and appeal, ensuring procedural fairness.

Understanding Special Intensive Revision

• A one-time, intensive verification exercise, unlike routine annual revisions.
• Aims to remove:
  • Duplicate and deceased voters
  • Shifted residents
  • Ineligible non-citizens
• Conducted through house-to-house verification by Electoral Registration Officers.

Why SIR Is Not a Citizenship Determination

Key Democratic and Governance Concerns

• Risk of wrongful exclusion due to documentation gaps, especially among migrants, elderly, and urban poor.
• Perception of disenfranchisement, affecting trust in electoral institutions.
• Administrative discretion must remain within constitutional limits.

The Second Administrative Reforms Commission stressed that electoral processes must ensure credibility without exclusion.

Judicial Oversight

The Supreme Court’s review focuses on:

• Due process (notice, hearing, appeal)
• Non-arbitrariness and proportionality under Article 14
• Protecting the right to vote as a statutory but democratically essential right

Way Forward

• Transparent procedures and effective grievance redressal.
• Combining technology with human verification.
• Special safeguards for vulnerable and mobile populations.
• Clear communication separating electoral verification from citizenship exercises.

Summary

The Special Intensive Revision is constitutionally grounded to protect electoral integrity, but must be implemented with fairness to avoid democratic exclusion.

One-line Wrap: Electoral roll purity must strengthen democracy, not narrow it.

Q. Examine the constitutional basis of the Special Intensive Revision of electoral rolls and the democratic concerns associated with it.