SC on SIR: Too little, too late

The Supreme Court’s order on April 13, enabling people whose names were deleted from the electoral rolls during the Special Intensive Revision (SIR) to vote in the upcoming West Bengal Assembly elections, is welcome, but has a limited impact as a corrective measure. This late intervention allows those voters whose names are cleared by the appellate tribunals till two days before the polling date to vote. Nineteen tribunals are set up to hear appeals by 34 lakh applicants whose names were removed for “logical discrepancies,” a category created for people whose details, such as spellings of names, are different from the 2002 rolls. This was, as the Court observed last week, a deviation from the SIR process in Bihar, and denied voting rights to lakhs of people. Though the Court had criticised the Election Commission of India (ECI) over this approach, it had refused to allow the aggrieved persons to vote, saying their petition was “premature.”

It has maintained this technical position by stating that people whose appeals remain pending before the appellate tribunals would not be allowed to vote. But the Court invoked its powers under Article 142 and directed the ECI to publish “supplementary lists” of voters who won their appeals till two days before polling dates (April 23 and 29) in the two-phase election, and allow them to vote. The tribunals started functioning only on April 13; it is unclear how many appeals they can hear before the polling days. Late revision of the electoral rolls may complicate preparations that typically start at least five days ahead of polling day. Implementation of the new order would require roll updates and reviews till almost the election eve. Additionally, people whose names are cleared by the tribunals need to be informed of their voting status. These are logistical challenges that add a layer of uncertainty.

Even if the electoral machinery is up to the challenge,
a large number of voters will still be unable to exercise their right. The Court, during the hearing, had observed that the right to be on the electoral roll is both constitutional and sentimental. But the West Bengal experience shows that procedures can be altered in such a way that the right can be denied. Chief Minister and Trinamool Congress leader Mamata Banerjee has welcomed the Supreme Court order, claiming it as a victory. It is a partial victory in terms of principle, but its outcome will hinge on the system’s readiness and efficiency to implement it on the ground.