Bihar SIR a battle between EC’s power, citizens’ right to vote: SC , Pg13

Key Highlights:

• The Supreme Court is hearing petitions against the Election Commission's (EC) special intensive revision (SIR) of Bihar's electoral rolls.
• The court observed the SIR as a contest between the EC's power under Article 324 and citizens' right to vote under Article 326 of the Constitution.
• Arguments were raised against the deletion of 65 lakh electors from the roll without prior inquiry.
• The EC's power to conduct a special revision under Section 21(3) of the Representation of the People Act was questioned.

Detailed Insights:

• The petitioners argued that sending pre-filled enumeration forms and later deleting names without inquiry is a casual way of denying citizens their right to vote.
• It was argued that the procedure for removal from the electoral roll should be strict, with an inquiry for each elector, as intended by the Parliament.
• The court questioned whether Section 21(3) gives the EC discretion to introduce additional elements like enumeration forms.
• Petitioners argued that Section 21(3) is meant for special revision of a constituency or part of it, not an en masse revision across the country.
• The court noted that Section 21(3) authorizes the EC to devise procedures for special revision in exceptional circumstances like a natural disaster.
• The debate included whether providing a choice of 11 'indicative' documents is voter-inclusive or exclusionary.

Key Concepts Involved:

• Article 324: Empowers the Election Commission to control elections.
• Article 326: Enshrines the constitutional right of adult suffrage.
• Section 21(3) of the Representation of the People Act: Allows the EC to conduct a special revision in a manner it deems fit.
• Electoral Roll: List of persons eligible to vote in an election.