Electoral Roll Entry Is Conditional Right, EC Says

Electoral Roll Entry Is Conditional Right, EC Says

Why in the News ?

The Election Commission of India informed the Supreme Court of India that inclusion in electoral rolls is a “qualified right”, requiring voters to continuously fulfil constitutional eligibility conditions, amid challenges to Bihar’s Special Intensive Revision (SIR) exercise.

 

Election Commission’s Stand on Electoral Eligibility:

  • The EC argued that Article 326 of the Constitution mandates continuous fulfilment of voter eligibility conditions.
  • These essential conditions include Indian citizenship, attainment of 18 years of age, and absence of legal disqualification.
  • Senior advocate Maninder Singh, appearing for the EC, stated that once eligibility is lost, the right to remain on electoral rolls cannot be claimed.
  • The EC clarified that registration as a voter is not a permanent entitlement, but dependent on sustained compliance with constitutional criteria.
  • The submission was made during hearings on petitions challenging the Special Intensive Revision (SIR) of electoral rolls conducted in Bihar.

Defence of Special Intensive Revision (SIR) Exercise

  • The EC described the SIR as a verification exercise, not a process to determine or cancel citizenship status.
  • Senior advocate Dama Seshadhiri Naidu distinguished between verifying citizenship credentials and legally determining citizenship.
  • He compared SIR to professional verification processes, such as qualification checks before enrolment in Bar associations.
  • The EC asserted that no complaints of procedural lapses were reported during the Bihar SIR.
  • Highlighting its collateral benefits, the EC claimed that door-to-door surveys during SIR led to higher voter turnout in 2025, removal of duplicate entries, and deletion of names of deceased voters, thereby improving electoral integrity.

Constitutional & Legal Framework Governing Voter Registration :

●      Article 326 establishes adult suffrage based on age, citizenship, and non-disqualification.

●      Section 16 of the Representation of the People Act, 1950 specifies disqualifications for voter registration.

●      Section 19 lays down the conditions for registration in electoral rolls.

●      The EC clarified that SIR does not introduce additional eligibility criteria, but merely verifies those already prescribed by law.

●      Since no new limitations are imposed beyond constitutional and statutory provisions, the EC argued that the principle of proportionality does not arise.

●      The case raises key issues relating to electoral integrity, constitutional rights, and administrative verification mechanisms.