Right to vote — heart of our democracy — is at great peril, says Rohinton Nariman, Pg10

Key Highlights:

• Former Supreme Court Justice Rohinton Fali Nariman stated that the "right to vote" is at peril due to issues with electoral roll revisions and the functioning of the Election Commission of India (ECI).
• He highlighted the removal of 90 lakh voters from West Bengal's electoral rolls during the Special Intensive Revision (SIR) process.
• Justice Nariman criticized the ECI's operations and the Supreme Court's perceived inaction regarding the disenfranchisement.
• An investigation revealed internal dissent within the ECI, with two Election Commissioners raising objections 14 times regarding electoral roll changes.

Detailed Insights:

• The Special Intensive Revision (SIR) in West Bengal led to the removal of a significant number of voters, with 93% of decided appeals ruling in favor of the voters.
• Justice Nariman raised concerns about the independence of the ECI, citing the appointment process of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) by the government.
• The CEC has a fixed tenure and can only be removed by impeachment, similar to a Supreme Court judge, while ECs can be removed only on the CEC's recommendation.
• The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, now governs the appointment process.
• This Act establishes a Selection Committee comprising the Prime Minister, the Leader of Opposition in Lok Sabha, and a Union Cabinet Minister for recommending appointments.
• The concerns underscore the importance of the ECI's impartiality and autonomy for upholding the integrity of democratic processes in India.

Key Concepts Involved:

• Right to Vote: A fundamental democratic right allowing citizens to choose their representatives.
• Election Commission of India (ECI): An autonomous constitutional body responsible for administering elections in India under Article 324.
• Special Intensive Revision (SIR): A process undertaken by the ECI to update and purify electoral rolls by verifying voter details.
• Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023: Legislation governing the appointment and service conditions of the CEC and ECs.