Electoral Roll Revision In India – Constitutional And Legal Framework
Source: Indian Express
GS II: Polity and Governance (Constitutional Bodies, Electoral Reforms and Election Commission of India)
Overview
- News in Brief
- Electoral Roll Revision in India
- Legal Framework Governing Electoral Rolls
- ECINET Portal
- Supreme Court Judgments Related to Voting Rights
Why in the News?
The Election Commission of India (ECI) has revised the online voter registration process by introducing additional verification requirements for new applicants.
News in Brief
- The ECI has introduced a new requirement on the ECINET portal asking new voter applicants to declare whether their parents were included in the last Special Intensive Revision (SIR) of electoral rolls.
- The changes are aimed at enhancing the accuracy and integrity of electoral rolls while preventing duplication and ineligible entries.
- The new procedure has triggered discussions on its legal basis, implementation, and its impact on voter enrolment.
What is SIR?
- Special Intensive Revision (SIR) is a comprehensive revision of electoral rolls carried out by the Election Commission of India (ECI) through extensive field verification to ensure that only eligible voters are included and the electoral rolls remain accurate and updated.
Electoral Roll Revision in India
What is an Electoral Roll?
- An electoral roll, also known as the voters’ list, is an official record of all eligible voters in a constituency.
- It is prepared and maintained by the Election Commission of India (ECI) under the Representation of the People Act, 1950, and serves as the basis for conducting free and fair elections.
Types of Electoral Roll Revision
- Summary Revision
- Conducted annually before elections to update the electoral roll.
- A draft roll is published, inviting claims and objections from the public.
- Eligible voters can apply for inclusion, correction, or deletion of entries.
- Intensive Revision
- A comprehensive door-to-door verification of all electors is carried out.
- Conducted when electoral rolls require extensive verification due to significant changes or inaccuracies.
- Existing entries are re-verified to ensure accuracy.
- Special Summary Revision
- Undertaken when the Election Commission considers it necessary outside the regular revision schedule.
- Usually conducted before major elections or under special circumstances to update electoral rolls.
- Continuous Updation
- Electoral rolls are updated throughout the year, except during the period immediately before elections when revisions are temporarily frozen.
- Eligible citizens can apply for inclusion, correction, transposition, or deletion of names at any time through the prescribed procedure.
Legal Framework Governing Electoral Rolls
Constitutional Provisions
- Article 324
- Vests the superintendence, direction, and control of elections in the Election Commission of India (ECI).
- Empowers the ECI to prepare, revise, and maintain electoral rolls.
- Article 325
- Provides for one general electoral roll for every territorial constituency.
- Prohibits exclusion from electoral rolls on grounds of religion, race, caste, or sex.
- Article 326
- Provides for elections to the Lok Sabha and State Legislative Assemblies based on adult suffrage.
- Every Indian citizen aged 18 years or above is eligible to vote, subject to qualifications and disqualifications prescribed by law.
- Universal Adult Suffrage
- Ensures equal voting rights to all eligible adult citizens without discrimination.
- Strengthens democratic participation and representative governance.
Statutory Provisions
- Representation of the People Act, 1950
- Governs the preparation, revision, correction, and maintenance of electoral rolls.
- Defines qualifications for registration as a voter and the allocation of seats.
- Representation of the People Act, 1951
- Regulates the conduct of elections to Parliament and State Legislatures.
- Deals with qualifications and disqualifications of candidates, election offences, election disputes, and corrupt practices.
- Registration of Electors Rules, 1960
- Prescribes the procedure and forms for the preparation and revision of electoral rolls.
- Specifies the process for inclusion, deletion, correction, and transposition of voters’ names.
Form 6 and Other Electoral Forms
- Form 6- Used to apply for inclusion of a name in the electoral roll for the first time or after shifting residence to another constituency.
- Form 7 – Used to request deletion or raise objections to an existing entry in the electoral roll due to death, migration, duplicate entry, or ineligibility.
- Form 8 – Used to correct personal details, update particulars, or transpose (shift) an elector’s entry within the same Assembly constituency.
ECINET Portal
- ECINET (Election Commission of India Network) is the Election Commission of India’s integrated digital platform that brings together various election-related services for voters, election officials, political parties, and other stakeholders.
- It aims to streamline electoral processes through a single, technology-driven interface.
- Features
- Provides a single platform for voter registration and electoral services.
- Integrates multiple election-related applications and databases.
- Enables online submission and tracking of electoral forms.
- Offers secure, transparent, and user-friendly digital services.
- Services Offered
- Online voter registration through Form 6.
- Correction, deletion, and transposition of entries through prescribed electoral forms.
- Search and verification of voter details in the electoral roll.
- Access to election-related information, notifications, and voter services.
- Role in Digital Election Management
- Simplifies and digitizes the preparation and revision of electoral rolls.
- Improves the efficiency, accuracy, and transparency of election management.
- Reduces paperwork and speeds up the delivery of electoral services.
- Supports better coordination among election officials and enhances voter convenience through online access to services.
Supreme Court Judgments Related to Voting Rights
- Lakshmi Charan Sen v. A.K.M. Hassan Uzzaman (1985)
- Held that elections should not ordinarily be postponed due to minor defects in electoral rolls.
- Emphasized that electoral rolls should be continuously updated while ensuring the timely conduct of elections.
- Mohinder Singh Gill v. Chief Election Commissioner (1978)
- Affirmed the Election Commission’s broad powers under Article 324 to conduct free and fair elections where the law is silent.
- Clarified that such powers must remain within the constitutional framework.
- PUCL v. Union of India (2013)
- Recognized the None of the Above (NOTA) option as part of the voter’s freedom of expression.
- Reinforced the principles of free, fair, and transparent elections.
- Indrajit Barua v. Election Commission of India (1985)
- Upheld the Election Commission’s authority to prepare and revise electoral rolls in accordance with statutory provisions.
- Stressed that electoral roll revision must follow the procedure prescribed by law.
Election Commission Of India
- The Election Commission of India (ECI) is an independent constitutional body established under Article 324 of the Constitution.
- Composition
- Chief Election Commissioner (CEC)
- Two Election Commissioners (ECs)
- Appointment and Tenure
- Appointed by the President of India.
- Hold office for 6 years or until the age of 65 years, whichever is earlier.
- Powers and Functions
- Prepares and revises electoral rolls.
- Conducts elections to Parliament, State Legislatures, and the offices of the President and Vice-President.
- Recognizes political parties and allots election symbols.
- Enforces the Model Code of Conduct (MCC).
- Advises the President and Governors on the disqualification of legislators.
- Promotes voter awareness and electoral participation.
Key Takeaways
UPSC Prelims and Mains Practice Question
With reference to Electoral Rolls in India, consider the following statements:
- The preparation and revision of electoral rolls are carried out under the Supervision of the Election Commission of India.
- Every person who is a citizen of India and has attained the age of 18 years is automatically included in the electoral roll.
- A person can be enrolled as a voter in more than one constituency if they own residences in different places.
Which of the statements given above is/are correct?
A. 1 only
B. 1 and 2 only
C. 2 and 3 only
D. 1, 2 and 3
Answer: A. 1 only
Mains Practice Question
Q. “Discuss the importance of accurate electoral rolls in ensuring free and fair elections. Examine the challenges involved in balancing electoral integrity with the constitutional right to vote.” (250 words)
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