On the Election Commission, Barring Foreigners

The Election Commission of India (ECI) informed the Supreme Court that ensuring only citizens are enrolled as voters is its constitutional duty, defending the Special Intensive Revision (SIR) under which millions of names were deleted from electoral rolls.

Constitutional Framework Under Article 324

• ECI’s Authority Over Electoral Rolls: Article 324 of the Constitution grants the Election Commission of India (ECI) independent control over the preparation of electoral rolls, and this authority is not disputed.
• Expansion of the Franchise as a Democratic Duty: Over the decades, the ECI strengthened democracy by expanding voter enrollment and treating voting as a substantive constitutional right rather than merely a procedural formality.
• The Revision Exercise: After conducting the revision of electoral rolls in Bihar and Assam, the ECI aims to clean the electoral rolls nationwide.

Concerns Raised by Political Parties and Civil Society

• Risk of Disenfranchisement: Large-scale deletions under the Special Intensive Revision (SIR) risk wrongful exclusion of genuine citizens, depriving them of their right to vote under Article 326 (adult suffrage).
• Disproportionate Burden of Proof: The documentation-heavy process places an unequal burden on the poor, migrants, elderly, and marginalised, increasing the likelihood of harassment, exclusion, and procedural injustice.
• Question of Institutional Mandate: Critics argue that identification of foreigners falls within the domain of the Police or Home Ministry, and that the ECI’s role should remain limited to conducting free and fair elections, not performing executive functions.
• Letter vs Spirit of the Constitution: While Article 324 empowers the ECI to supervise elections, concerns persist that a strict reliance on formal legality may undermine the democratic spirit of inclusion.
• Ethical and Democratic Legitimacy: Even isolated cases of wrongful deletion erode public trust, as democratic processes must prioritise avoiding exclusion over administrative efficiency.
• Political and Social Implications: The emphasis on a “foreigner infiltration” narrative risks political polarisation and diverts attention from deeper challenges to electoral integrity, raising questions about institutional independence in practice.

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Conclusion

Just like in judicial processes, the credibility of elections depends on whether even the losing side trusts the fairness of the process. At present, confidence in the ECI’s neutrality and procedures is weakening.

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