In Need Of An Overhaul, Pg6

Key Highlights:

• The Election Commission of India (ECI) issued a press note addressing internal objections from Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi regarding decisions made under Chief Election Commissioner Gyanesh Kumar.
• The objections primarily concerned administrative issues and the flawed implementation of the Special Intensive Revision (SIR) process.
• The SIR exercise has led to the removal of over 13 crore names from draft electoral rolls across various states, including West Bengal and Bihar.
• The ECI's press note conceded administrative complaints and promised changes like circulating meeting agendas and minutes, and requiring ECI approval for officers' foreign trips.
• The article highlights that the SIR shifted the onus of enrolment from the state to the elector and deleted names without prior verification.

Detailed Insights:

• The Special Intensive Revision (SIR) is a comprehensive exercise by the Election Commission of India (ECI) to verify and update electoral rolls, aiming to remove deceased, shifted, or duplicate entries and include eligible voters.
• The ECI's press note implicitly acknowledged issues with the SIR, stating that Electoral Registration Officers (EROs) would launch a special drive to enroll left-out individuals.
• Critics argue that the SIR process in states like West Bengal resulted in the deletion of lakhs of genuine electors, forcing them to reapply as new applicants.
• The Supreme Court, in May 2026, upheld the constitutional validity of the SIR, viewing it as consistent with the Representation of the People Act, 1950, and the ECI's constitutional obligation for free and fair elections.
• However, the article criticizes the Supreme Court's ruling, comparing its deference to the state to the controversial ADM Jabalpur case during the Emergency.
• The ADM Jabalpur case (1976) controversially held that the right to life and personal liberty under Article 21 could be suspended during an Emergency, limiting judicial review of detentions.
• Post-election data from West Bengal showed that over 90% of appeals restored deleted voters, and in one-third of Delhi's seats, draft rolls had fewer electors than those who voted in 2025, indicating significant errors in the SIR.
• The article advocates for reconstituting the ECI's selection committee to ensure it does not give the government an overriding majority, thereby safeguarding institutional democracy.
• The current appointment process for the Chief Election Commissioner (CEC) and Election Commissioners (ECs) is governed by the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
• This Act established a selection committee comprising the Prime Minister (Chairperson), a Union Cabinet Minister nominated by the Prime Minister, and the Leader of the Opposition in the Lok Sabha, effectively giving the government a majority.

Key Concepts Involved:

• Election Commission of India (ECI): An autonomous constitutional body responsible for administering elections in India to Parliament, State Legislatures, and the offices of the President and Vice-President.
• Special Intensive Revision (SIR): A large-scale, time-bound exercise by the ECI to verify and update electoral rolls through house-to-house enumeration and data verification.
• Electoral Registration Officers (EROs): Officials appointed by the ECI to prepare and revise electoral rolls for a constituency.
• ADM Jabalpur case: A landmark 1976 Supreme Court judgment during the Emergency that curtailed the right to move courts for enforcement of fundamental rights, particularly Article 21.
• Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023: Legislation that governs the appointment, conditions of service, and tenure of the CEC and ECs, establishing a new selection committee.