Supreme Court, Election Commission, and Battle for Voter Rights

To maintain a people-centric democracy in India, the framers of the Constitution created the Election Commission, granting it independent authority separate from the government. Their aim was to ensure that the elected government truly reflects the will of the people in all situations. This will should be represented not only through majority rule but also by ensuring the full participation of minority political parties. To achieve this, the Constitution's framers adopted a parliamentary system where governments operate with equal involvement from minorities. When a government bill is debated in Parliament, the goal is to incorporate the views and suggestions of the opposition, ensuring that each bill serves the public interest. The Election Commission lays the groundwork for democracy and ensures that every adult voter in India exercises their right to vote. In Indian democracy, this voting right is of immense importance; it is invaluable because it empowers ordinary citizens to become the masters of the democratic system. The Election Commission is tasked with safeguarding this right and has the authority to register every Indian citizen aged 18 and above as a voter.

However, this authority must be implemented in an inclusive manner, ensuring that no legitimate Indian citizen is deprived of this right. Currently, the matter of the voter revision process being conducted by the Election Commission in Bihar is pending before the Supreme Court, and all constitutional aspects are being gradually revealed. The most pressing question is whether the Election Commission should grant voter status to every adult Indian citizen, ensuring that no one is excluded, and that illegal people are not included in the voter list. This task is not at all difficult. The Commission has been performing this function since the first general elections of independent India in 1952. While its work may have had some flaws, Indian citizens have generally been satisfied with its performance. The Election Commission, in its task of preparing voter lists, acts as a public-friendly body, encouraging people to exercise their rights to strengthen Indian democracy and participate in voting in large numbers. In order to make voter lists transparent, the Election Commission initiated the practice of issuing voter identity cards to every voter in the 1990s, which proved highly successful because they bear the voter's photo and full name and address. Despite this, the problem of duplication of voter lists persisted. Furthermore, negligence was found in deleting the names of voters who had passed away.

The Election Commission is conducting a thorough revision of the voter list to correct this error. However, the initial conditions it imposed sparked widespread controversy across India, and the matter reached the Supreme Court. The Supreme Court is taking a strictly factual approach to this matter, advising the Election Commission to focus on its core function of preparing the voter list and not verifying the citizenship of voters, which constitutionally falls to the Ministry of Home Affairs. Consequently, the Supreme Court ordered that any adult citizen with an Aadhaar card be included in the voter list. The Ministry of Home Affairs will guarantee that the person is an Indian citizen. Obviously, no one who is not an Indian citizen can become a voter, but challenging a voter's citizenship is the responsibility of the state.

The thorough revision of Bihar's voter list will be completed this September, and on October 1st, the Election Commission will publish the revised voter list for Bihar. The Election Commission has currently omitted the names of 6.5 million voters from the state from the provisional voter list. The reasons for this are attributed to the passing away of some lakh voters, the migration of some lakhs to other states, and the duplication of voters in the voter list. However, these figures were challenged with evidence in the Supreme Court, and it was stated that many of the voters declared dead by the Election Commission are actually alive. The opposition is openly accusing the Election Commission of conspiring to remove the names of poor, minority, and backward community voters from the voter list in the name of a thorough revision. This allegation is certainly very serious, as the founding fathers of our Constitution have given every citizen of India the right to vote without any discrimination.

In India, the vote of a Tata or Birla is as valuable as the vote of a laborer living in a hut. That is why this vote is considered priceless. Therefore, the Supreme Court, while hearing this case yesterday, issued a strong statement, stating that if any discrepancy is found even in the thoroughly revised list, it will cancel the entire process at the national level. This is not a threat, but a solemn oath to uphold the Constitution under all circumstances. The Constitution will be upheld in India only when the political freedom and equality guaranteed to every citizen are strictly followed. Therefore, the Election Commission must ensure that every legitimate citizen of India is included in the voter list.