Core Demand of the Question
- Constitutional Responsibilities of the ECI.
- Challenges in Maintaining Integrity vs. Protecting Rights.
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Answer
Introduction
The Election Commission of India (ECI) maintains a constitutional mandate to ensure that only citizens are enrolled as voters, as reiterated in its recent submission to the Supreme Court. The ongoing Special Intensive Revision (SIR) is a critical exercise to verify electoral rolls, ensuring no foreigners are included while simultaneously protecting the voting rights of every legitimate Indian citizen.
Body
Constitutional Responsibilities of the ECI
- Superintendence and Control: Under Article 324, the ECI is vested with the power of superintendence, direction, and control of the preparation of electoral rolls for all elections to Parliament and State Legislatures.
- Ensuring Universal Adult Suffrage: The ECI must operationalize Article 326, which guarantees that every citizen not otherwise disqualified has the right to be registered as a voter.
Eg: Through initiatives like the Voter Service Portal, the ECI simplifies the registration process to maximize citizen participation.
- Adjudication of Eligibility: The ECI acts as the primary authority to determine the eligibility of individuals to be on the roll, guided by the Representation of the People Act, 1950.
- Maintaining Electoral Integrity: It is responsible for periodic revisions to remove doubtful voters and deceased entries to prevent identity fraud and booth capturing.
Eg: The ECI’s use of Aadhaar-voter ID linking (voluntary) is aimed at eliminating duplicate and non-citizen entries from the database.
Challenges in Maintaining Integrity vs. Protecting Rights
- Documentary Barriers: Many legitimate citizens in border regions lack “foolproof” legacy documents, leading to their accidental exclusion during intensive cleanup drives.
- The “Architecture of Suspicion”: Intensive revisions can sometimes create a climate where the burden of proof is shifted entirely onto vulnerable populations, potentially violating the “spirit of inclusion.”
- Verification Delays: The manual verification required for “doubtful” cases often leads to long pendency, during which citizens are deprived of their primary democratic right to vote.
- Digital Divide Inefficiencies: While the ECI moves toward digital revision, the lack of internet literacy in rural heartlands prevents many from contesting their exclusion or updating their records.
Conclusion
The ECI must evolve from a mere gatekeeper to a facilitator of rights. The way forward involves adopting a “human-centric” verification model integrating digital tools with localized, empathetic outreach. By ensuring that the “Special Intensive Revision” is transparent and provides ample opportunity for appeal, the ECI can fulfill its constitutional mandate of maintaining a foreigner-free roll without compromising the fundamental rights of India’s diverse citizenry.
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