Syllabus: GS2/ Polity and Governance
Context
- The Supreme Court (SC) told the Election Commission of India (ECI) to consider Aadhaar card, voter ID card and ration card also as acceptable documents for the “Special Intensive Revision” of electoral rolls in Bihar, while leaving the final decision to the ECI.
About
- As per the ECI, those who don’t figure in the 2003 electoral rolls of Bihar (when the poll panel says it did its last Special Intensive Revision) have to submit any of 11 documents to prove date and / or place of birth.
- Further, for those born after July 1, 1987, they need their parents’ birth proof too – which is akin to citizenship proof.
- The list of documents includes neither Aadhaar or PAN, nor old voter ID.
- The Election Commission derives its powers from Article 324 of the Constitution and carries out revision of electoral rolls under Section 21 of the Representation of the People Act (RPA), 1950.
Who Qualifies as an “Ordinary Resident”?
- Eligibility to vote depends on the concept of “ordinary residence”, defined under Section 19 of the RPA, 1950. A person qualifies if they;
- Have a genuine, habitual presence in the constituency.
- Are not present merely temporarily (e.g., students in hostels may not qualify).
- Intend to stay or return regularly to the location.
India’s Commitment to Universal Adult Suffrage
- India after independence adopted universal adult suffrage regardless of gender, caste, religion, education, or property.
- Article 326 of the Constitution guarantees voting rights to all citizens aged 18 and above, following the 61st Constitutional Amendment, 1989.
- Status of the Right to Vote in India:
- The Supreme Court in Kuldip Nayar v. Union of India (2006) held that the ‘right to elect’ is a statutory right under Section 62 of the RPA, 1951, and not a fundamental or constitutional right.
- In Anoop Baranwal v. Union of India (2023), the Supreme Court declined to reopen the settled position.
Why Electoral Roll Accuracy Matters?
- Accurate and up-to-date electoral rolls are central to free and fair elections, ensuring the principle of “one person, one vote”. Inaccuracies in the rolls can lead to;
- Disenfranchisement of eligible voters,
- Inclusion of ineligible individuals, enabling impersonation or dilution of genuine votes,
- Distortion of electoral outcomes, eroding public trust.
- Safeguards Against Arbitrary Deletion:
- Lal Babu Hussein v. Electoral Registration Officer (1995): The SC struck down the ECI 1992 and 1994 guidelines that allowed District Collectors and Electoral Registration Officers (EROs) to delete names from electoral rolls based on mere suspicion of foreign origin.
- Md. Rahim Ali v. State of Assam (2024): The SC again held that suspicion alone is not sufficient grounds for deleting a name from the voter list.
Special Provisions for Absent Voters
- India also provides alternate voting mechanisms for those unable to vote in person;
- Postal ballots under Rule 18 of the Conduct of Election Rules, 1961 – for armed forces, government officials on duty, and election staff.
- Overseas voters can register under Section 20A of the RPA, 1950, though they must vote in person.
- Efforts to introduce proxy or online voting for overseas citizens are ongoing but not yet implemented.
Concluding remarks
- India’s electoral democracy rests on the legitimacy of its voter rolls. The right to vote may be statutory, but it carries the moral and democratic weight of a fundamental right.
- The success of electoral reforms will depend on how well India can balance integrity with inclusion — the twin pillars of a healthy electoral process.
Source: TH
