The ECI’s constitutional mandate is under strain, Pg6

Key Highlights:

• The Election Commission of India (ECI) is facing public criticism regarding its recent actions, particularly the Special Intensive Revision (SIR) of electoral rolls.
• Concerns have been raised about the legality, partisanship, and procedural correctness of the SIR, which has reportedly led to the removal of 13 crore voters from electoral rolls across the country.
• The article highlights a perceived disregard for the law and constitutional propriety in the ECI's conduct.
• There are allegations of unilateral decision-making by the Chief Election Commissioner (CEC), with other Election Commissioners (ECs) reportedly not being consulted on crucial matters.
• Opposition parties are considering an impeachment motion against the CEC for alleged misconduct.

Detailed Insights:

• The Constituent Assembly debates emphasized the need for the ECI to be independent of executive control, a principle strongly advocated by Dr. B.R. Ambedkar.
• An initial proposal for a decentralized election machinery was rejected due to past instances of large-scale voter deletion by state-level election commissioners who were political nominees.
• The current centralized structure of the ECI, comprising the CEC and ECs, was adopted to ensure impartiality in preparing electoral rolls and conducting elections.
• Historical fears, voiced by members like Shibban Lal Saxena, about a CEC manipulating elections for the ruling party, appear to be resurfacing.
• The SIR lacks clear legal backing, as Section 21 of the Representation of the People (RP) Act, 1950, and Rule 25 of the Registration of Electors Rules, 1960, do not explicitly mention a "special intensive revision" as conducted.
• While Article 324 grants the ECI powers for matters not covered by statute, it does not permit actions contrary to existing law.
• The large-scale deletion of voters through SIR is seen as potentially violating Article 326, which guarantees universal adult suffrage and the right to be registered as a voter.
• Unilateral decisions by the CEC without the concurrence of other ECs are considered legally invalid, potentially leading to a constitutional crisis.
• The removal process for the CEC is similar to that of a Supreme Court judge, requiring proof of misbehavior and parliamentary proceedings.
• The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, grants lifelong immunity from civil or criminal liability to the CEC and ECs for official acts, a protection not even extended to the President of India.

Key Concepts Involved:

• Election Commission of India (ECI): An independent constitutional body responsible for administering elections to Parliament, State Legislatures, and the offices of President and Vice-President.
• Special Intensive Revision (SIR): An exercise undertaken by the ECI to verify and revise electoral rolls, involving house-to-house enumeration and verification of voter data.
• Representation of the People (RP) Act, 1950: A parliamentary act that provides for the preparation and revision of electoral rolls, among other election-related matters.
• Article 324: Constitutional provision vesting the superintendence, direction, and control of elections in the ECI.
• Article 326: Constitutional provision establishing universal adult suffrage, granting every eligible citizen the right to vote.