‘Never thought of proving citizenship after years'
Paswan has no land of his own to claim for the Pradhanmantri Awas Yojna to build a pucca house. He owns a 'jhopdi' (hut) erected on the land provided by his 'malik' (landowner) for whom he works as a daily wager. 'I never thought the day would come when I would have to prove my citizenship, decades after my birth,' he told this reporter.
His wife, Shanti Devi, engaged in household work, intervenes: 'We, both husband and wife, don't know how to read and write. We are illiterate and don't have birth certificates. How will we prove that we are citizens of this country? It's the government's job to provide us with documents.'
Paswan has a query: 'When Aadhar card is required for opening a bank account, why is it not a valid document to prove citizenship? After all, we got the Aadhar card after running from pillar to post. It is required for admission to government schools. Why is it not a valid document for citizenship?'
None of the IDs he has figure in the list of 11 documents required for the Special Intensive Review (SIR) of the electoral roll in poll-bound Bihar.
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The Hindu
2 hours ago
- The Hindu
The ECI does not have unfettered powers
The Election Commission of India (ECI) ordered a Special Intensive Revision (SIR) of the electoral rolls in Bihar, which will be facing Assembly elections in November. Political parties in the Opposition have alleged that the SIR is aimed at disenfranchising thousands of voters in Bihar by disqualifying them on the ground that they are not citizens of India. The ECI has denied this allegation and justified the revision. In the meantime, many petitions have been filed in the Supreme Court challenging the ECI's order. While the controversy centres on the motive behind this exercise being conducted just a couple of months before elections, especially when electoral rolls were revised in 2024, this article focuses on the legality of this exercise and the powers of the ECI to undertake it. Reasons for disqualification Article 326 of the Constitution declares that elections to the Lok Sabha and the Assemblies shall be held on the basis of adult suffrage. This means every adult person is entitled to be a voter provided they are not disqualified on certain specified grounds. There are two essential qualifications of being an elector under this Article: the person should be citizen of India and should be aged not less than 18. The Representation of the People Act (RPA), 1950, lays down disqualifications for registration as an elector. These are namely unsoundness of mind as declared by a competent court, and disqualification from voting as provided in Section 11A of the 1951 RPA. Conditions for registration as a voter are laid down in Section 19 of the RPA: the person should not be less than 18 years of age and they should be ordinarily resident in a constituency. The term 'ordinarily resident' is explained in Section 20, which says a person shall not be deemed to be ordinarily resident merely because they own or possess a dwelling house in that constituency. Also, a person does not cease to be ordinarily resident if they absent themselves temporarily from their ordinary place of residence. The ECI enjoys enormous powers in respect of the preparation of electoral rolls and the conduct of elections to Parliament, the State Legislatures, and to the offices of the President and Vice President. Article 324 of the Constitution, which empowers the ECI to undertake these tasks, is characterised by the Supreme Court as a 'reservoir of power'. Since the conduct of free and fair elections is an essential feature of the basic structure of the Constitution, the ECI needs to be vested with all the necessary powers to complete its task. Nevertheless, it is inconceivable that the Constitution should confer on any authority unfettered powers. The Supreme Court has made it clear that the ECI can exercise all powers in its discretion in areas which are not covered by any statute but shall act in accordance with the law wherever it exists. In Mohinder Singh Gill v. Chief Election Commissioner (1978), the Court stated the law as follows: 'Firstly when Parliament or any State Legislature has made valid law relating to or in connection with elections, the Commission shall act in conformity with, not in violation of, such provisions but where such law is silent, Article 324 is a reservoir of power to act for the avowed purpose of pushing forward a free and fair election with expedition.' The qualifying date Let us look at the relevant provisions of the the RPA to get a perspective on the powers of the ECI in regard to revision of the electoral rolls. Section 21 of the 1950 RPA deals with the preparation and revision of electoral rolls. It speaks of four stages of revisions: (1) before elections to the Lok Sabha or Assembly; (2) before each by-election; (3) on the direction of the ECI in any year; and (4) a special revision for a constituency or part of a constituency with the ECI recording reasons for doing so. 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The ECI has claimed in its order that it has power under Section 21 to undertake the exercise. True, but that power is limited to a constituency or part of it under Section 21(3) of the Act. While enjoying enormous powers under Article 324, the ECI is responsible to the rule of law and should be amenable to the norms of natural justice as per the Supreme Court. Electoral registration officers cannot summarily reject applications on the ground that foolproof documents are not being furnished to prove citizenship. Rule 8 of the Registration of Electors Rules clearly state that information shall be furnished 'to the best of ability' of the citizens. The ECI cannot ignore this statutory stipulation.
India Gazette
2 hours ago
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"Election Commission works for BJP only": Congress' Chennithala vows to fight Bihar's SIR in court
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India Gazette
3 hours ago
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