Electoral roll purges raise constitutional questions, Pg6

Key Highlights:

• The Election Commission of India (ECI) used "logical discrepancy" to delete voters in recent state elections.
• Lakhs of voters were allegedly removed from voter lists in states like West Bengal, Assam, Kerala, Tamil Nadu, and Puducherry.
• 9.1 million voters in West Bengal were removed for failing to produce required citizenship documents.
• The Special Intensive Revision (SIR) of electoral rolls is criticized as deeply flawed.

Detailed Insights:

• Article 326 of the Constitution mandates citizenship as a basic requirement for voter registration.
• The Union Home Ministry is responsible for announcing documents required to prove citizenship, but has not issued a definitive list.
• The ECI announced a list during the SIR in Bihar, but many common documents were not accepted as proof of citizenship.
• Section 21 of The Representation of the People Act, 1950, and Rule 25 of the Registration of Electors Rules, 1960, outline the process for electoral roll revision.
• Pre-election revisions should be summary, while intensive revisions are meant for non-election years due to their comprehensive nature.
• The SIR conducted before elections deviates from established legal procedures.
• The removal of voters without proper hearings violates natural justice and statutory provisions.
• Booth-level officers (BLOs) are required to distribute enumeration forms and accept information provided by occupants to the best of their ability.

Key Concepts Involved:

• Article 326: Constitutional provision establishing citizenship and age (18 years) as criteria for voter eligibility.
• Special Intensive Revision (SIR): An ECI initiative for comprehensive revision of electoral rolls.
• Logical Discrepancy: A term used by the ECI to categorize and remove voters from the electoral roll.
• Representation of the People Act, 1950: Legislation governing the conduct of elections in India.