Indian Polity Notes for JPSC (Jharkhand Public Service Commission)

1. Introduction

The Indian Express investigation revealing 14 recorded objections by two Election Commissioners against unilateral decisions of the CEC, coupled with mass deletions in the Special Intensive Revision (SIR) of electoral rolls, raises serious questions about the independence, collective functioning and credibility of the Election Commission of India (ECI).

2. Context & Factual Matrix

• Two ECs (Sukhbir Singh Sandhu & Vivek Joshi) formally objected at least 14 times (Oct 2025–Aug 2026) to decisions taken under CEC Gyanesh Kumar without their knowledge.
• Key contentious decisions:
  • Unilateral changes to Form 6 (application for inclusion in electoral roll).
  • Progressive centralisation of the electoral roll database (ERONet).
  • Restricted access of statutory Electoral Registration Officers (EROs).
  • Filing of appeals against judicial inclusion of voters in West Bengal.
• West Bengal SIR: ~60 lakh electors flagged for “logical discrepancies”; 27 lakh names deleted; 38 lakh appeals pending; high restoration rate suggests many genuine voters were struck off.
• Delhi SIR: ~1 lakh inclusion claims vs 47.56 lakh deletions; deadline 30 Sept (may be extended).
• Former CEC S.Y. Quraishi termed the SIR process illegal; opposition parties demand CEC’s resignation.
• Justice Dipankar Datta (Calcutta HC) observed that replacing the CJI with a Union Minister in the 2023 selection panel fails the “perception test” and gives the government an effective veto.

3. Core Issues Raised

1. Erosion of institutional independence
   • A multi-member constitutional body is functioning in a manner that suggests dominance of the CEC over other Commissioners.
   • Collective decision-making, essential for a body under Article 324, appears compromised.
2. Shift of burden of proof onto the citizen
   • Deletions are being carried out first; verification and restoration happen later, reversing the constitutional presumption in favour of inclusion.
   • This undermines the principle that the State must justify exclusion, not the citizen justify inclusion.
3. Threat to universal adult franchise
   • Large-scale deletions without adequate notice, hearing or transparent criteria risk violating Article 326 (adult suffrage) and the basic structure doctrine (free and fair elections).
4. Perception of partisan functioning
   • Even if decisions are technically lawful, the appearance of bias erodes public trust.
   • For a constitutional body, “not only must justice be done, it must also be seen to be done” applies equally to electoral administration.

4. Constitutional & Legal Dimensions

A. Article 324 & Institutional Design

• Article 324(1): Superintendence, direction and control of elections vested in the ECI.
• The ECI is a multi-member body; collective responsibility and consensus are expected in major policy decisions.
• Unilateral decision-making by the CEC undermines the spirit of a collegial constitutional authority.

B. 2023 Appointment Act vs Anoop Baranwal (2023)

• In Anoop Baranwal v. Union of India (2023), the Supreme Court held that the earlier system (executive-only appointment) was inadequate to ensure independence.
• The Court mandated a selection committee comprising:
  • Prime Minister,
  • Leader of Opposition in Lok Sabha,
  • Chief Justice of India.
• The 2023 CEC & Other ECs Act replaced the CJI with a Union Minister, effectively giving the executive a 2:1 majority.
• Justice Dipankar Datta’s observation highlights that this fails the “perception test” of independence.

C. Representation of the People Act, 1950 & Registration of Electors Rules

• Section 31, RPA 1950: Penal provisions for making false statements in connection with electoral rolls.
• Registration of Electors Rules:
  • EROs are statutory authorities responsible for preparation and revision of rolls.
  • Procedural safeguards (notice, hearing, opportunity to object) are integral.
• Centralisation of the database and restriction of ERO access may violate statutory procedures and principles of natural justice.

D. Free & Fair Elections as Basic Structure

• Free and fair elections are part of the basic structure of the Constitution.
• Any process that systematically excludes genuine voters, especially along political or regional lines, risks violating this core constitutional value.

5. Critical Analysis (Balanced View)

Government / ECI Possible Defence

• ECI claims all decisions were unanimous and lawful.
• SIR is intended to clean up electoral rolls by removing:
  • Dead voters,
  • Shifted voters,
  • Duplicate entries,
  • Bogus voters.
• Centralisation may be argued as necessary for:
  • Uniformity,
  • Prevention of local manipulation,
  • Technological efficiency.

Counter-Arguments

• If decisions were truly unanimous, why were 14 formal objections recorded?
• High restoration rates on appeal indicate procedural overreach in deletions.
• Centralisation without adequate safeguards can lead to:
  • Exclusion of marginalised groups,
  • Migrant voters being disproportionately affected,
  • Politically motivated targeting in certain States.
• The replacement of the CJI in the selection committee structurally tilts the balance towards the executive.

6. Way Forward (Structured & Exam-Ready)

A. Immediate Measures

1. Resignation or recusal of the CEC
   • To restore credibility, the CEC should step aside or resign, allowing an independent inquiry into the SIR process.
2. Moratorium on further deletions
   • Supreme Court should consider staying further deletions until an independent audit of the electoral roll database is conducted.
3. Independent audit of SIR
   • A neutral agency (e.g., Comptroller and Auditor General or a retired judge-led committee) should audit:
     • Criteria for “logical discrepancy”,
     • Deletion patterns across States,
     • Restoration rates on appeal.

B. Institutional Reforms

1. Strengthen collective decision-making
   • Major policy decisions (Form 6 changes, database centralisation, SIR guidelines) must require:
     • Written consent of all Commissioners,
     • Publicly accessible minutes.
2. Restore balance in the selection committee
   • Revisit the 2023 Act to reinstate the CJI or introduce an independent member to neutralise executive dominance.
3. Statutory safeguards for SIR
   • Mandatory:
     • Prior public notice,
     • Individual notice to affected voters,
     • Reasoned orders for deletion,
     • Time-bound appeal mechanism.

C. Long-Term Electoral Reforms

1. Decentralised but interoperable database
   • Maintain local ERO control with central oversight, rather than full centralisation.
2. Digital inclusion with safeguards
   • Use technology for verification, but ensure:
     • Human oversight,
     • Grievance redressal,
     • Protection against algorithmic bias.
3. Transparency portal
   • Publish:
     • State-wise deletion and inclusion data,
     • Grounds for “logical discrepancy”,
     • Appeal outcomes.