The knock on the Supreme Court’s door

The recent investigation into the Election Commission of India has exposed serious concerns regarding the functioning of the Special Intensive Revision (SIR) process. This multi-member, constitutional authority has, in many instances, reduced itself to a one-man show, jeopardizing the checks and balances within the system. Most critically, this issue pertains to the fundamental right of citizens to shape their own and the nation's future through the right to vote.

Justice Ujjal Bhuyan highlighted the gravity of large-scale disenfranchisement caused by the SIR, stating that it violates the Constitution and is akin to "taking out the soul from the body." He drew upon debates in the Constituent Assembly, emphasizing the vision and constitutional guarantee of universal adult franchise, a cornerstone of democracy. The right to vote, equal in value, regardless of identity or social location, was recognized as the first step towards achieving equality for the new nation.

Former Supreme Court judge Rohinton Fali Nariman echoed these concerns, warning that the removal of voters by the SIR puts the right to vote, the "heart of our democracy," in great peril. These worries are not confined to a few judges; they reflect the wider disquiet the Supreme Court must address to rectify the damage caused by its silence on the matter.

The Supreme Court's leniency towards the Election Commission, despite the Commission's shift towards a more exclusionary approach and the burden of proof being placed on vulnerable voters, raises questions about the Court's commitment to protecting the citizens' fundamental right to participate in the electoral process. The Court's decision not to approve changes in Form 6, which made the registration of new voters more difficult, is a positive sign.

Additionally, the Court's request for answers from the Election Commission on aspects of its decision-making process is reassuring.

However, the Court must maintain its vigilance and keep asking questions to ensure that the sanctity of Article 324, which secures the Election Commission, remains unblemished. As one of its own members put it, this is about the soul of the nation.