Election Commission of India's Duty and Controversies
The Election Commission of India (ECI) has emphasized its constitutional duty to ensure that only citizens are enrolled as voters, preventing any foreigners from appearing on the electoral rolls.
- On January 6, the ECI argued before the Supreme Court that even a single foreigner cannot be allowed on the voter list.
- The ECI is currently involved in a Special Intensive Revision (SIR) of electoral rolls, which has resulted in millions of names being struck off.
Concerns and Criticisms
Opposition parties, legal scholars, and civil society have raised concerns about the burden and harassment faced by citizens in proving their existence and identity.
- Nobody supports the inclusion of foreigners or retaining faulty electoral rolls.
Institutional Integrity and Challenges
The ECI has historically expanded its institutional integrity by ensuring the franchise as a substantive right, not merely a formality.
- The maxim of not punishing an innocent person applies to the electoral process.
There is a concern that the focus on foreigners may overlook real challenges to electoral integrity or serve as a facade for polarization.
Constitutional and Operational Issues
Article 324 of the Constitution grants the ECI independent control over electoral roll preparation, but there's concern about its independence.
- The ECI's priority should be enrolling citizens, not just removing foreigners.
- Rules and their partisan application have undermined the ECI's stature and constitutional duty.
The ECI's recent actions may be causing unnecessary suffering and inconvenience to citizens, misreading its constitutional duty's letter and spirit.
