Supreme Court Directions on Electoral Roll Revision

The Supreme Court has directed the Election Commission (EC) to consider Aadhaar cards, voter ID cards, and ration cards as acceptable documents for the Special Intensive Revision (SIR) of electoral rolls in Bihar. This decision highlights the significance of the 'right to vote' as a foundational aspect of India's democratic system.

Universal Adult Suffrage in India

• India's commitment to Universal Adult Suffrage (UAS) is significant compared to the gradualism observed in Western democracies. 
• Article 326 of the Indian Constitution provides the right to vote to every adult citizen, which was further lowered from 21 to 18 years by the 61st Constitutional Amendment in 1989. 

Legal Framework and Supreme Court Judgments

• The Representation of the People Act, 1950, deals with the preparation and revision of electoral rolls.
• The Representation of the People Act, 1951, regulates election conduct, candidature, and electoral offenses.
• The Supreme Court, in Kuldip Nayar v. Union of India (2006), held that the 'right to elect' is a statutory right, not a fundamental or constitutional right.
• Justice Ajay Rastogi, in dissent in Anoop Baranwal v. Union of India (2023), viewed the 'right to vote' as an expression of Articles 19(1)(a) and 21, though this remains a minority opinion.

Electoral Roll Integrity and Discrepancies

• Free and fair elections depend on accurate electoral rolls. 
• Issues like omissions, ineligible inclusions, and duplicates can undermine the "one person, one vote" principle.
• Substantial and systemic errors affecting election outcomes are significant compared to minor mistakes.
• The Supreme Court emphasizes helping improve the roll revision process rather than disrupting it.

Role of Political Parties and Electoral Registration

• Political parties, while not directly responsible for electoral rolls, are encouraged to ensure eligible voters are included. 
• The EC, under Article 324, ensures the preparation of accurate rolls. 
• The term "ordinary resident" is crucial in determining voter registration, meaning a genuine, continuous presence in a constituency, as illustrated in the Manmohan Singh case (1991).

Postal Ballots and Overseas Voters

• Postal ballots are available for service voters like armed forces personnel under Rule 18 of the Conduct of Election Rules, 1961.
• Overseas electors can register under Section 20A of the RPA, 1950, but must vote in person.

Controversies and Citizenship Verification

The debate on 'citizenship verification' is contentious, as seen in Lal Babu Hussein v. ERO (1995), where the Supreme Court emphasized due process and natural justice in handling electoral rolls.

Conclusion

Electoral integrity requires active participation from all stakeholders, including vigilant institutions and informed citizens.