Supreme Court Pulls Up EC on Bihar Voter Roll

In a vast democracy like India, elections are a celebration of democratic awareness. The Election Commission of India is the key pillar supporting the success and credibility of the electoral system. It is essential for the Election Commission to operate with fairness and transparency, as the credibility of any democracy hinges on public trust in its institutions. India's democracy is not solely dependent on EVM machines; it relies on the integrity of institutions and the trust of its citizens. Following the controversy over the voter list revision in Bihar, opposition parties have criticized the Election Commission. The Supreme Court has issued an interim order regarding the Bihar SIR, instructing the Election Commission to accept the Aadhar card. The court also permitted voters who were removed to apply online to have their names added back to the voter list, stating that any of the 11 documents listed in Form-6, including the Aadhar card, could be used. Additionally, the bench instructed election officials to provide acknowledgment receipts to booth-level agents of political parties who physically submit claim forms for individuals excluded from the voter list.

The Supreme Court's order has been welcomed by opposition parties including the Congress. The opposition has claimed that democracy has been saved from the brutal attack of the Election Commission due to the intervention of the Supreme Court. The Supreme Court has also given an important order that it has made all 12 political parties parties and directed them to help those voters whose names have been deleted from the voter list. While reprimanding the political parties, the bench has expressed surprise that in a large state like Bihar where more than 1.68 lakh booth level agents are deployed, only two objections have been lodged with the Election Commission so far. Despite having such a large number of agents, such little cooperation raises serious questions. The Supreme Court has taken security measures to make the amendment in the voter list more inclusive by involving political parties in this process. This should be appreciated.

Now the question is whether the allegations against the Election Commission are baseless noise or institutional malice. In the last few years, the nature of politics has become such that questioning the electoral process has become a trend. Opposition parties have the right to criticize, protest, raise questions but at the same time they have to maintain the respect of institutions. There is no doubt that there have been irregularities in the SIR of the voter list in Bihar. The petitioners have also presented those voters before the court who have been shown as dead in the voter list. There are many types of discrepancies in the SIR. In some cases people have two-three and even four EPICs. Some people are registered multiple times at the same booth. It is the responsibility of the Election Commission to remove these discrepancies.

The country saw an extraordinary situation in its electoral history last week. Leader of Opposition Rahul Gandhi challenged the EC on a number of issues, such as duplicate EPIC entries, constituency-wise increases that seem statistically odd, refusal to provide machine-readable rolls and removal of CCTV/webcast footage in 45 days, forcing the EC to respond. When faced with specific, verifiable allegations about the integrity of the franchise, does the Commission open a file or does it bury its own hatchet? The institution’s first response of “filing an affidavit” seemed less the self-confidence of a constitutional watchdog and more a procedural move.

The issue at hand concerns the credibility of the Election Commission (EC). While the Supreme Court has both empowered and restricted the EC, concerns have arisen in Bihar due to 6.5 million names missing from the draft list compared to previous records. Although the Commission has assured the Supreme Court that no eligible voter will be removed without prior notice, a hearing, and a reasoned order, the situation remains tense. With the Supreme Court's recognition of the Aadhar card, it has become more convenient for voters to apply online or complete the form in person. It is crucial for the Election Commission and political parties' booth agents to collaboratively address the discrepancies in the voter lists, as the integrity of democracy relies on the accuracy of these lists.