EC has a lot to answer but SC gives it a free pass โ and more
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500+ questions on Polity with explanations
๐ Summary:
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Context: SC verdict on petitions challenging the Election Commission''s Special Intensive Revision (SIR) of electoral rolls in Bihar and West Bengal; ruling re-states EC''s constitutional mandate (Article 324) but largely dismisses substantive objections
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Core argument: Editorial says the Court "gives the EC a free pass" โ exonerating it on every count and granting "unfettered procedural latitude" despite genuine concerns of mass disenfranchisement and procedural overreach
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Causal chain โ how SIR tilts the balance against voters: (1) Burden of proof shifted to the voter to prove eligibility, instead of EC having to prove ineligibility; (2) Onerous documentation regime (citizenship & residence proofs) places vulnerable groups โ migrants, women without independent IDs, the urban poor โ at risk; (3) Compressed timelines for objections, with no time-bound appellate process; net effect: ~27 lakh names struck off the West Bengal rolls
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Citizenship issue โ the deeper problem: Court allows EC a "limited enquiry" for inclusion eligibility, and if EC is "not satisfied", it must refer the person to the "Competent Authority under the Citizenship Act" within 4 weeks; editorial warns this effectively lets the EC "set the stage for a citizenship test" through the back door โ without the safeguards of CAA/NRC procedures
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Key data: ~27 lakh disenfranchised in West Bengal; SIR also raised concerns earlier in Bihar
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India''s vulnerability: large-scale internal migration, rapid urbanisation, non-reporting of deaths, duplication, illegal cross-border movement make periodic clean-up legitimate โ but conflating cleanup with citizenship determination is dangerous
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Solutions implicit: EC should set time-bound, voter-friendly appellate processes; burden of disproof must stay with EC; citizenship questions must be routed exclusively through statutory Citizenship Act bodies, not via electoral-roll revision
๐ฏ UPSC Relevance: GS2 โ Election Commission''s role under Article 324; electoral integrity vs voter inclusion; judicial review of constitutional bodies; due process and federal-citizenship architecture
๐ Prelims Facts:
- Article 324: ECI superintendence, direction and control of electoral rolls and conduct of all elections
- Article 326: Universal adult suffrage; only citizens 18+ can vote
- SIR โ Special Intensive Revision; EC''s door-to-door electoral roll revision exercise
- Citizenship Act 1955: "Competent Authority" determines Indian citizenship; not the ECI
๐ Key Term: Special Intensive Revision (SIR) โ an EC-led house-to-house verification of the electoral rolls, distinct from ordinary annual summary revision; involves fresh forms, documentation, and field verification by Booth Level Officers (BLOs).
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