While the Opposition “merely protests in press conferences”, news reports on Sunday, June 29 suggest that the ECI is riding roughshod over all concerns and going ahead anyway!

This article by an expert, associated with Vote for Democracy asks:

• Is this move not a flagrant breach of Election Law?
• Is it move not part of a nefarious design meant to deal a serious blow to our election system and the Universal Right to Franchise?

This article further demands:

Has CEC Gyaneshwar Kumar been appointed to:

• Utterly violate Clause 19 of the Representation of Peoples’ Act 1950 (hereinafter called RP ACT 1950)?
• To violate the RP ACT 1950 selectively against the poor, unlettered, homeless property-less, deprived citizenry?
• To also surreptitiously CAA 2019 & the dangerous NRC?

Does the CEC have the Constitutional Authority under Law:

• To define and judge the citizenship rights?
• To usurp the powers of the Parliament?

In June 24, in a sudden move just months before the forthcoming 2025 Bihar Vidhan Sabha Elections, the ECI under the present CEC has woken up to a special revision of electoral rolls, a process that has to be undertaken strictly in accordance with election law (Representation of People’s Act, 1951) and of course the Constitution.

This unilaterally announced and fundamentally flawed decision of the ECI must be seen in the context of a series of data denials of information to the opposition parties and the general public. Under Articles 324-326 of the Indian Constitution, all data preserved by the ECI is in good faith of the “people of India” and not under the control of a government then in power. The ECI has, in recent months undemocratically changed its own rules not to make available videography of polling booths post-closing time and has, been obdurately refusing to make available to the Opposition and public previous Electoral Roles (to enable detection of mass deletions and mass exclusions) in data which is in a readable and searchable format,

In this background of complete breakdown of trust and communication between the people themselves, Opposition parties and the ECI, the ECI issues this sudden diktat on June 24, 2025. Using a newly coined and specially designed term, ‘Special Intensive Revision’ of Electoral Rolls, vide its No. 23/ESR/2025 dated June 24, 2025—an exercise that finds no legitimacy in either Article 324 of the Constitution of India nor in the Representation of Peoples’ Act 1950, nor either in the Electors Registration Rules 1960.

With these usurped powers, the ECI has issued “instructions dated June 24, 2024, addressed to the Chief Electoral Officer Bihar, Patna directing therein the ‘Special Intensive Revision’ of Electoral Rolls, by July 26, 2025.” While claiming that the exercise has been necessitated because of “new demographic factors that have emerged in recent times”, the ECI’s decisions/actions do not find any objective basis.

The ECI has thereby directed the CEO Bihar to perform this self-appointed duty to decide as to whether each one of the voters is an Indian citizen or not, an exercise that the ECI with well delineated powers under the Constitution and the RPA-1950 is simply not authorised to do.

The ECI has further delegated this onerous task to the Block Level Officers (BLOs) who are, usually, Class 3 employees and cannot be authorised to decide on the citizenship of all the electors. No law empowers them to do so, especially those electors who have been registered to vote over several decades. Which means those voters who have enjoyed the constitutional right to universal adult franchise. As a result of this step, this scrutiny of Bihar voters who today touch 80 million –and increase from 77.26 million in the 2024 Lok Sabha (last June) —needs to be undertaken in just over a month!!! Will this process — hastily announced and compressed for completion in less than four weeks– moreover, one that has no basis in law or the Constitution be undertaken without the fundamental violation of Registration of Electors Rule 1960—since the legally mandate and mandatory time required for each step of this task has simply been overlooked, deliberately?

Enormity of the new task to be accomplished in one month

STATE WISE NUMBER OF ELECTORS – BIHAR

Source: https://www.eci.gov.in/general-election-to-loksabha-2024-statistical-reports

Under which Law does the ECI claims to draw the powers for such a draconian task?

The ECI in its directive letters No. 23/2025-ERS (Vol. II) dated June 24, 2025 (ibid) has claimed that it is empowered to do so under Article 324 of the Constitution of India and section 21 of the Representation of People, Act, 1950.

Let us examine the said provisions.

Article 324 in Constitution of India

324. Superintendence, direction and control of elections to be vested in an Election Commission

(1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution shall be vested in a Commission (referred to in this Constitution as the Election Commission).

The ECI has been empowered to, ‘The superintendence, direction and control of the preparation of the electoral rolls’, but not to decide as to whether one is a citizen of India or not.

This is because there is a separate Citizenship Act, 1955 and Indian Citizenship is decided as per provisions of Article 5 to 11 of the Constitution of India.

Article 11 reads as under: Parliament to regulate the Right of Citizenship by law.

Therefore, the June 24, “directives” of the Commission are unconstitutional and violative of the provisions of the articles related to Citizenship. Moreover, the ECI is unauthorisedly and illegally assuming the powers of Parliament, especially when it is seeking certain documentary evidence from any persons who are not included in the electoral roles of 2003 and are born before July 1, 1987 in as much as:

A person most deprived being homeless, unlettered, having no identity card, no land, no permanent residence certificate issued by Government, no passport, no pension payment order as he she does draw any service pension, issued before July 1, 1987 and who has not been included in the electors list earlier before 2003, either because the person is a minor, or because of the dereliction of duty by the ECI will be severely impacted.

In order to remove such arbitrariness, discrimination, favouritism, deprivation and chaos, keeping in view the actual conditions of the country provisions have been made under the RPA Act 1950 and The Registration of Electors Rules, 1960, to which we shall refer a little later.

First, the Clause 21 of the Representation of People’s Act, 1950:

The said Clause 21 reads as under:

[21. Preparation and revision of electoral rolls. — (1) The electoral roll for each constituency shall be prepared in the prescribed manner by reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made under this Act.

2[(2) the said electoral roll—

(a) shall, unless otherwise directed by the Election Commission for reasons to be recorded in writing, be revised in the prescribed manner by reference to the qualifying date—

As such in this clause 21 (1) one needs to concentrate on following mandate of the law to the ECI:

i) shall be prepared in the prescribed manner

ii) In accordance with the rules made under this Act.

ECI cannot and should not travel beyond the four walls by way of unauthorised outreach activities rather should concentrate on its sacred duty of conduction elections in a fair, transparent and absolutely impartial manner.

Consequently, it is clear that the instructions issued by the ECI, are patent violation of the provision of clause 21(1) as this intended action will nullify all the existing roles containing all electors that have been in effect –granting Universal Adult Franchise–in 2004, 2009, 2014, 2019 and the 2024 Lok Sabha elections apart from the elections to the Bihar state legislature during this long period of over two decades.

Further, this clause 21 of the RPA Act, 1950 is subordinate to the umbrella Clause 15 which reads as under:

15. Electoral roll for every constituency. —For every constituency there shall be an electoral roll which shall be prepared in accordance with the provisions of this Act under the superintendence, direction and control of the Election Commission.

Therefore, Clause 15 makes it patently clear that an electoral roll which shall be prepared in accordance with the provisions of this Act. Possibly deliberately and with mala fide intent, the ECI has failed or refused to note is that all provisions for the ‘preparation of electoral rolls’ are to be read together, not just Clause 21 selectively.

There is no denying the fact that the ECI is empowered to have the superintendence, direction and control of the Election Commission for preparation of the electoral rolls but it is of a great significance that the ECI is duty bound to accomplish the task in accordance with the provisions of this ACT 1950, nothing more, nothing less.

Let us now glance at the provisions of the Act, ibid wherein, under Clause 19, the conditions for the registration of an elector are codified which the ECI has miserably failed to observe/maintain.

The same are reproduced here as under:

4 [19. Conditions of registration. —Subject to the foregoing provisions of this Part, every person who —

(a) Is not less than [eighteen years] of age on the qualifying date, and

(b) is ordinarily resident in a constituency,

shall be entitled to be registered in the electoral roll for that constituency.]

It is crystal clear that there are only two conditions required for any person to get registered as an elector namely the person should be of 18 years or more and should be ordinarily residing in the constituency. Further it is the clear mandate given to the ECI and the inherent right of the person that the person shall be registered in the electoral rolls. From the above provisions it is obvious that the ECI has no right to demand the documents as enumerated in its order from each and every elector who is was not registered in 2003. Worse, merely owning a house or a property in an area does not make one an ordinarily residing citizen as defined under Clause 20 of the rules Ibid which is as under:

20. Meaning of “ordinarily resident”. —6[(1) A person shall not be deemed to be ordinarily resident in a constituency on the ground only that he owns, or is in possession of, a dwelling house therein.

(1A) A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein.

Parliament, the law-making body—legislature– has been conscious of the need to weed out the wrongly registered voters (electors) and the provision to address this malady is contained under Clause 16 of the RPA Act 1950 and the same is as under:

16. Disqualifications for registration in an electoral roll. — (1) A person shall be disqualified for registration in an electoral roll if he—

(a) is not a citizen of India; or

(b) is of unsound mind and stands so declared by a competent court; or

(c) is for the time being disqualified from voting under the provisions of any law relating to corrupt 1*** practices and other offences in connection with elections.

The ECI’s unconstitutional and bombastic claim that it will seek a certificate of birth under Sub-clause(a) of Clause 16 is preposterous. Will the ECI then also seek a certificate of being sound mind as provided under subclause (b)of the Clause ibid.

What do the Rules for registration prescribe for getting registered as an elector?

Under Rule 13(1) of the Registration of Electors Rules 1960, it is provided that a person has to submit an application in form No. 6. There is no distinction provided in Rule 13 (1) of the Rules between voters registered in 2003 or thereafter at any time. How can therefore the ECI make conditions that are contrary to this mandate?

The form also does not prescribe for the need to produce any certificates as has recently been announced by the ECI arbitrarily.

Under the 1960 Rules, there is a further provision that allows for correction in electoral roles—a person has to apply in form No. 8. To raise any objection for a wrongful or ‘fake’ inclusion of voters, an application has to be moved in Form No. 7. There is also a punishment prescribed for any false declaration made and hence the present architect newly framed by ECI smacks of a move uncalled for.

Time lines for the deletion of name as per instructions issued by the ECI vide No. 23/INST/2023-ERS Dated August 11, 2023

An Electoral Registration Officer (ERO) is not empowered to undertake this task, much less the BLO!

The Commission taking all aspects into consideration, including with a view to wrongful deletion during election year has directed that ERO shall not resort to a deletion without a form 7 and without following due process of verification as laid down in para 4 of the above said instructions. The due process of verification as laid down and prescribed in para 6 (ii) (iii) of the above instructions, is as under:

An application has to be submitted by an Objector on the prescribed form No. 7 for deletion of any name, supported by a declaration that the information filled therein is not false and a receipt is to be issued against the receipt of the application, there is a punitive clause for false entries as under:

Note. – Any person who makes a statement or declaration which is false and which he either knows or believes to be false or does not believe to be true, is punishable under section 31 of the Representation of the People Act, 1950 (43 of 1950)

1. The election authority has to serve a registered notice to the concerned elector by registered post and the receipt of the delivery of the notice is to be kept in record
2. The person served the notice is supposed to reply with in 15 days after the issuance of the notice.
3. If no reply is received then the election authority asks the BLO to conduct a visit to the spot and makes all the records of time and date of visit, the person visiting and the person and exact place visited, the enquiries conducted and submit it to the competent authority who thereafter on expiry of further 15 days issues orders for the deletion.

The ECI– in its own wisdom– has prescribed following documents for the ‘special intensive revision’, oblivious of the ground realities or despite being aware of the same.

• any identity card
• pension payment order,
• identity card or document issued in India by government before June 1, 1987
• birth certificate issued by the competent authority,
• passport,
• matriculation certificates,
• permanent residence certificate issued by competent state authority and
• any land or house allotment certificate by government, among others.

Ground realities 

1. To seek a birth certificate of a person born before 1987 and also of his parents is nothing but a move calculated for exclusion. This also smacks of an indirect move to bring in the controverted National Register of Citizens (NRC), under challenge in the Supreme Court. Basically, this is also contrary to the law of the land in as much as the registration of births and deaths Act came into existence only in 1969 as under:

“The Registration of Births and Deaths Act, 1969 (Act No. 18 of 1969) [31st May 1969] An Act to provide for the regulation of registration of births and deaths and for matters connected therewith”.

2. Those who are born before July 1, 1987 and were registered as voters after 2003 cannot be denied their right as Indian citizen by the ECI, without proceedings conducted as per law by the competent authority under the Citizenship Act, 1955, to decide the citizenship issue.

3. Civil registration of births and deaths until 2011 (when the last Census was conducted) were at only 82.4% and 66.4% respectively. How then can we imagine that every legitimate birth and death of both father and mother of those born on or before July 1, 1987 will have been recorded through a birth certificate?

4. Even after making birth registration mandatory in 2023, as on March 11,2025 still 10 % of Indian births go unregistered.

5. The National Family Health Survey-3 conducted from December 2005 to August 2006, shows only 6.3% birth registrations in Bihar, 7.3% in UP, 9.5% in Jharkhand and 16.4% in Rajasthan while the national figure for this was 41.4%, and birth certificates granted only for 27.1% of the population.

6. In 199, in India only 52.1% population was able to read and write, around half of the population is totally unlettered. The figures for Bihar show the literacy rate at only 38.48% and among females only 22.89%. To go further, in 2001 only 87,60,589 out of 8,29,98,509 persons i.e., a poor 55% of the people had passed their Std X examinations making the ECI’s demand of a matriculation certificate a cruel joke.

7. As of December 31, 2023, 6.5 percent (92,624,661) of Indian citizens possessed a valid passport; now CEC Mr. Gyaneshwar is on to deny them their voting rights on grounds of not having a passport!

8. Between 2019 to 2023 the total number of passports issued in Bihar are 20,12,357, that is catering to around 1.5% population. (Parbhat Khabar digital Bihar May 17, 2025 6.05am)

9. 4% population does not possess own houses per 2011 census, but Mr. Gyaneshwar wants them to show papers of own house otherwise lose electoral rights.

10. gov.in › images › AADHAAR_NUMBERS_ENGLISHGOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION …As per RGI data, the total projected population (2022) of India is 137.30 crore (approx.). As on June 30, 2022, a total of 133.586 crore Aadhaar cards have been generated. Around 4 crores of Indians have not got even an Aadhaar card.

Under these circumstances, one wonders as to why- instead of using the scant available resources for conducting a fair impartial and transparent just elections in the state of Bihar, the ECI is undertaking an unlawful and unconstitutional electoral revision exercise, hell bent in punishing the poor and hapless who enjoys one right above all, the right to universal adult franchise.

(The author, one of the experts associated with Vote for Democracy is also Former Dean, Faculty of Medical Sciences, Panjab University, Chandigarh)

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Source: ECI

What are the functions of an electoral roll? 

An electoral roll is referred to a compilation of names that outlines individuals who are eligible to vote in specific elections in specific regions. This list is usually categorised by electoral districts and is primarily created to aid election officials at polling locations. Many jurisdictions maintain permanent electoral rolls, which are consistently or periodically updated and some regions create new electoral rolls prior to each election. Electoral rolls are the end product from a voter registration process. The Election Commission of India handles these tasks in India.

Electoral rolls and voter registration serve multifaceted purposes. The process of voter registration not only helps authorities in verifying the identity and voting eligibility of applicants to prevent electoral fraud, but also ensures the prevention of multiple voting instances. In jurisdictions where voting is obligatory, the electoral roll is considered as a crucial tool for identifying individuals who haven’t fulfilled this requirement.

In recent reports, India’s democratic status has faced criticism from various organisations. Freedom House, a US-based non-profit, downgraded India to a “partially free democracy” in its annual report on global political rights and liberties. Meanwhile, the V-Dem Institute in Sweden went further, categorising India as an “electoral autocracy” in its latest assessment, according to the BBC

These rankings attribute the decline in India’s democratic health to the leadership of Prime Minister Modi and BJP government. Critics argue that his tenure has witnessed increased pressure on human rights groups, intimidation of journalists and activists, and a rise in attacks, particularly targeting the Muslim community.

Recently, instances of malpractices within electoral rolls have raised concerns about potential democratic backsliding in India. Accurate and transparent electoral rolls are essential for maintaining the integrity of the democratic process. Irregularities like inaccuracies, duplicate entries, and deliberate manipulation can severely undermine the credibility of elections, erode public trust, and lead to a decline in democratic values. To ensure a robust democratic system, it’s crucial for India to address these issues, strengthen voter registration procedures, and uphold the principles of fairness and accountability in its electoral processes.

The right to vote stands as a significant right for citizens in a democratic setup. Alarmingly, recent research has unveiled that millions of Indians lose their eligibility to vote. Although the issue of missing names from electoral rolls isn’t novel, the magnitude of this problem in the current election is deeply concerning. A substantial portion of those abruptly disenfranchised comes from communities that have endured difficulties under the existing administration and are less likely to support the BJP such as Dalits and Muslims. In a closely contested election where both the BJP and the opposition strive fervently for victory, the very possible potential for dubious activities cannot be dismissed with enquiry. The unspoken query, even feared by political parties, revolves around whether the BJP is tactfully purging particular communities at the booth level to secure a triumph for itself.

Is there data to back this claim?

During 2019, SabrangIndia reported of a campaign titled ‘No Voter Left Behind’ discovered an alarming fact: a significantly high number of Indians, could be as high as 13 crores in all, were absent from the electoral rolls. Among this group, four crore were Dalits and three crore were Muslims, indicating a concerning trend of systematically excluding some of the most vulnerable segments of society from the democratic participation. In that same year, Khalid Saifullah from RayLabs Technologies developed an app named ‘Missing Voters’ aimed at assisting disenfranchised voters, offering a potential solution to this issue.

The ‘No Voter Left Behind’ campaign unveiled a distressing reality: around 120 million Indians found their names missing from the electoral rolls. Among these, three crore were Muslims, and four crore were Daits. An additional category that experienced widespread disenfranchisement was women. The campaign extensively examined 800 Assembly constituencies across all states, excluding Kerala, Punjab, Jammu & Kashmir, and the north-eastern states. Moreover, field surveys were carried out in 10 of these constituencies and Amanullah Khalid pointed out that while broader political concerns contributed to this malpractice, the Election Commission’s administrative shortcomings were equally responsible.

What do ground level observations tell us?

A Deccan Herald piece by Saba Naqvi from 2022 highlights several key observations that include the following. Naqvi observes, speaking on the 2022 UP municipal elections, that, one of the main motives behind the exclusion of minority voters in Uttar Pradesh during BJP rule could involve a deliberate effort to manipulate electoral demographics, by deviating from the actual population statistics. This strategy could involve party cadres or ‘panna pramukhs’ strategically examining voting patterns around specific polling booths and subsequently filing for the removal of certain individuals from voter lists. According to her, booth-level officers, who are not full-time employees, might also fail to thoroughly verify these claims, allowing names to be removed. In some instances, BLOs might align with the ruling ideology or follow instructions, willingly participating in the process of eliminating Muslim names.

Furthermore, according to Saba Naqvi, at the start of the initial process, the Election Commission places advertisements in newspapers to inform citizens about upcoming elections. However, she states, this would mean that the limited literacy rates and newspaper accessibility across the country mean that a considerable portion of the population remains unaware of these notifications.

Furthermore, the current approach, termed a ‘pull approach,’ requires individuals to visit E.C. offices. However, expecting people to proactively seek out these benefits is proving ineffective, especially given the prevalence of illiteracy and the demands of daily labour. Even if individuals do attempt to comply, they often lack knowledge about the necessary documents.

A practical suggestion that emerges from this analysis – the E.C. could adopt a ‘push approach’ by deploying officials to visit households. This strategy, akin to bill collectors for utilities, could be employed before elections to verify information. Despite being a relatively manageable endeavour, it could yield significant results. Additionally, the article also pointed out a specific instance in Moradabad, where a predominantly Muslim community resides and in this locality, a staggering 80 percent of names were absent from the rolls, highlighting the depth of the problem at hand.

Uttarakhand, 2019

As the state of Uttarakhand headed for the Lok Sabha elections in 2019, NewsClick reported of a survey conducted in January has uncovered concerning findings. Approximately 12-13 percent of the total electorate may have been excluded from the voter rolls. Alarmingly, the survey highlights that around 90 percent of the missing names belong to Dalit and Muslim voters. This survey, carried out by Chetna Andolan, covered regions including Dharampur, Raipur, and Mussoorie.

Bengaluru, Karnataka 2023

Sabrang India reported that in Bengaluru’s Shivajinagar constituency earlier this year in February, the Election Commission took action against hundreds of voters, including Muslims and Dalit, based on a complaint by alleged BJP activists. The High Court was approached in this matter. The complaint had claimed that 26,000 fake voters were identified as shifted or deceased. Despite criticism for not following Election Commission SOPs, notices were sent to 9,159 voters starting in January 2023. The Election Commission justifies its actions by citing a clause for ‘special circumstances,’ although SOPs discourage deletions within six months of an Assembly term’s end to maintain voters’ trust.

Uttar Pradesh 2023

Similarly, Sabrang India reported early this year during civil polls in UP’s Amroha, clashes had occurred between BJP and BSP members erupted. Both sides alleged booth capturing, leading to arrests and injuries. BSP accused BJP of booth capturing and hindering Muslim voters, while BJP claimed ‘Burqa-clad women’ engaged in fake voting. Similar clashes occurred in Lucknow and Prayagraj between SP and BJP supporters over voting issues. SP supporter’s alleged bias and claimed Muslim voters faced restrictions. Abdul Wahid of SP accused central security forces of harassing Muslim voters through ID checks to lower polling percentage.

Gujarat 2022

Moving to Gujarat, according to The Hindu, in December 2022 the Congress party alleged electoral fraud on Monday, claiming that during the Gujarat Assembly elections, an average of 6.5% of total votes were supposedly cast in the final hour of polling. They asserted that in certain constituencies, this figure even reached 11%, which they deemed impossible. Party spokesperson Pawan Khera stated, “In the last hour of the second round of voting in Gujarat, we observed an unprecedented surge in votes, averaging 6.5%. In some seats, as much as 11.5% of the total votes were allegedly cast in the last hour. This is humanly impossible.” Khera further suggested that based on these statistics, the average time taken to cast a vote would be just 20-30 seconds.

Tamil Nadu 2019

Similarly, in Tamil Nadu, the Viduthalai Chiruthaigal Katchi (VCK) alleged that around 500 voters’ names were missing from the electoral rolls in Tindivanam town of the Villupuram constituency during the Lok Sabha polls. VCK leader D Ravikumar, who is contesting from the constituency, claimed that these missing names belong to Muslims or Dalits. The VCK is part of the Congress-Dravida Munnetra Kazhagam alliance in Tamil Nadu, reported Scroll.in. However, government officials stated that no names had been deleted from the list in the past three years.

Recent analysis reveals hair-raising details. A paper authored by Sabyasachi Das, an assistant professor of economics at Ashoka University, a fascinating analysis is presented that starkly challenges the integrity of certain seats won by the BJP in the 2019 Lok Sabha elections. The paper, which explores the possibility of manipulation in the electoral process, raises pertinent questions about the performance of the Election Commission. Das basically employs an array of statistical tools, most notably the McCrary test, to dissect the election results. The study highlights a pattern where constituencies witnessing closely contested battles between the BJP and rival parties seemed disproportionately won by the BJP. This phenomenon is particularly pronounced in states ruled by the BJP. In a fair election scenario, the chance of victory for party A in a closely contested race should be around 50%, indicating a potential red flag if this balance is skewed.

The research probes two potential explanations for the deviation from the expected balance. One possibility is the manipulation of elections, while the other is the BJP’s adeptness and quick skill in identifying closely contested seats and strategically focusing its campaigns.

To scrutinise the latter, Das delves into the National Election Survey data, which tracks party worker visits to households. Surprisingly, there is no substantial evidence to suggest that the BJP outperformed the Opposition in campaign efforts on the ground in closely contested constituencies. Given the evolving role of social media in campaigns, the paper also examines its impact. The research reveals that although the BJP may have intensified its social media campaigns in closely contested areas, there’s no definitive evidence linking this to higher success rates in BJP-ruled states.

The most alarming suggestion in the paper is the evidence that suggests manipulation. Three potential manipulation methods are explored: registration manipulation, turnout manipulation, and manipulating vote tallies during counting. Additionally, Das identifies a slow growth in voter numbers within constituencies experiencing close BJP victories, particularly in areas with a significant Muslim population. This implies possible voter deletions, thereby compromising the democratic process.

The investigation into the alleged turnout manipulation is equally intriguing for a mismatch between published data sets of votes polled and votes counted. Quite astonishingly, this mismatch coincides with instances of close BJP wins, particularly in BJP-ruled states, raising suspicions of possible irregularities.

Das further explores the correlation between high voter turnouts and BJP wins in polling booths. According to the paper, there were no comparable disruptions in previous general elections for either the BJP or the Congress, the two major national parties. This also held true for state assembly elections conducted alongside the 2019 general election and those that followed. Furthermore, the BJP’s significant victories in closely contested constituencies were primarily concentrated in states where the party was in power at the time of the election.

Additionally, he examines the voting pattern in Muslim-dominated areas. In constituencies narrowly lost by the BJP, Muslim-dominated booths don’t show significant BJP support. However, in constituencies narrowly won by the BJP, the Muslim-dominated booths exhibit voting patterns akin to those in Hindu-dominated areas. The paper’s impact has reverberated through India’s political landscape, sparking intense debates. The researcher, Sabyasachi Das, a well-credentialed economist from Ashoka University, has faced undue criticism on social media and has even been allegedly suspended by the university.

As has been established here, marginalised populations such as Dalits and Muslims are unfairly bereft of their voting rights. In addition, reports pointed out to a huge number of missing women voters from the 2019 elections. Approximately 65 million women, equivalent to about 20% of eligible female voters, are absent from electoral rolls, prompting concerns about the adequate representation of their issues in the democratic process.

These alarming statistics really propel citizens to ask the question if the most basic of constitutional and fundamental rights of all Indians, especially the most vulnerable, are being heard.

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It is pertinent to note that linking the registry of birth and death to Aadhar card has also been proposed by the government in the past. IN November 2021, the Ministry of Home Affairs floated proposed amendments to the Registration of Births and Deaths Act, 1969 which entailed a national database of records of births and deaths and linking Aadhar information to the same. The MHA had also expressed its intent to use this data to update the much opposed National Population Register (NPR). The Ministry had stated that the data will be used for updating NPR, Electoral Registers, Aadhar Database, Ration card database, Passport Database as well as the driving license database.

The Ministry has started again from where it left things in November 2021. At the inaugural event, Shah said that registration of births and deaths is important for updating citizens’ register, electoral rolls and list of people who avail beneficiary schemes, reported The Hindu.

What about the Census?

The description sounds quite similar to what a Census is supposed to be. 2021 was the year when our Census was due. However, the same could not be held on time due to the COVID-19 pandemic. However, with the pandemic long behind us, there is absolute silence from the government on when the Census will be conducted. The general elections are due for 2024 and the Union government has shown no political intent to conduct Census anytime before that.

Under the Census Act, there is no mandate or obligation upon the Union government to conduct Census every 10 years. The section 3 of the Act states:

3. Central Government to take census.—The Central Government may, by notification in the Official Gazette, declare its intention of taking a census in the whole or any part of the territories to which this Act extends, whenever it may consider it necessary or desirable to do so, and there upon the census shall be taken.

Shah did say during the event that previous censuses were not accurate and the government will now conduct the Census electronically so that the data can be audited and verified, reported The Hindu.

What the government plans to do

Shah has said that the Registrar General of India will be the authority for birth and death registration. The RGI is the nodal agency for Census and also implements Registration of Births and Deaths Act. Shah said that the RGI “will ensure that the Election Commission is informed by the related software, immediately after the death of a voter, and the due process to strike off his or her name can be adopted. The opposite can be done to include a new voter in the voter list as soon as he or she becomes 18 years old.”

A source from the government speaking to Hindustan Times disclosed, “The proposed amendments say that the birth and death registration data will be necessary for admission into educational institutions, issuance of driving license, preparation of voter list, registration of marriage, appointment in government jobs and for passports etc.”

Why is centralization of this data a problem?

The Centre has clearly stated that this data will be used for updating NPR, Electoral Registers, Aadhar Database, Ration card database, Passport Database as well as the driving license database. This means, the Centre will be able to track births, deaths,

The Centre will have a record of all the registered deaths and will use the same to update NPR which will in turn be used to make the nation wide NRC. However, the question arises, what about those births that are not registered?

Citizen for Justice and Peace’s experience working on the citizenship issue in Assam has led to the realization that out of people excluded from NRC, vast numbers were children because the parents could not provide their birth certificates. Children below 18 do not have voter’s ID cards and if they have not given class 10 or 12 board examination their only proof of birth in the country is the birth certificate and if the infrastructure for registering births is not robust in rural or remote areas, it is likely that a large chunk of population does not exist on paper for the government and there is no way for them to prove that they were indeed born in this country. Hence, if this data is centralized and used to update NPR and eventually the NRC, this population has no strong proof of citizenship and stands at the risk of becoming non-citizens or aliens in the country they were born in. This, in itself, is a potential grave humanitarian crisis.

Based on information received from 32 States/UTs, the share of institutional births to total registered births is 81.2 percent. This means that despite institutional births, there are loopholes whereby registration of births has been missed out.

Related:

Centralising record of deaths and births: Centre’s play at a future NRC?

Census is not a priority for the Union government

Identifying fake Aadhaar, a plot to bring in CAA-NRC?

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Srinagar: The Election Commission of India (ECI) has rolled out fresh dates for the final publication of electoral rolls in Jammu and Kashmir prompting criticism from the regional parties that the Central government is deliberately delaying the electoral process in the region.

According to a notification from the ECI dated August 8, 2022, a fresh deadline for publication of the final electoral roll on November 25 has been set up after due disposal of all claims and objections filed within the stipulated time period will be considered. Earlier, it was announced that the ECI would publish the final electoral rolls by October 31.

All youth who will reach the age of 18 years by October 1 will be eligible to become voters in the newly formed Union territory.

Following the abrogation of Article 370 and 35A and subsequent bifurcation of Jammu & Kashmir into two Union Territories (UT), a Delimitation Commission was set up under the J&K Reorganisation Act despite opposition from the regional political parties, who termed the entire process “illegal”. The panel, however, after two years of deliberation, finally recommended the creation of six additional Assembly constituencies in the Jammu region and one in the Kashmir valley, which was also opposed by the regional stakeholders.

The regional political parties have since been critical of how the Bhartiya Janata Party (BJP) -led Central government is handling the UT.

The Jammu and Kashmir National Conference expressed “disappointment” over the further delay in Assembly elections in J&K, saying the decision will precipitate the suffering of the people of Jammu and Kashmir.

“The decision is bereft of any logic. Delay in the publication of the final electoral roll by a month obliquely means that elections are far away. The decision has come as a setback to the people particularly, who have been pushed to margins due to lingering bureaucratic rule,” party spokesperson Imran Nabi said. 

He said knowing that the BJP had diminished its credit with the common people of the region, the decision, however, did not come as a surprise. 

“They know that J&K is not a safe bet for them, which is why they prefer to drag their feet over assembly polls. People in Jammu are also berating the ruling party for their failure to live up to their promises. Delaying the elections clearly bespeaks a damaging new low, which the ruling dispensation is going through,” he added.

The erstwhile state of Jammu and Kashmir has been without an Assembly since November 2018 after its legislative Assembly was dissolved by then Governor Satya Pal Malik. Governor’s rule was imposed in the state in June 2018 after the BJP pulled out of the People’s Democratic Party-BJP coalition government, triggering a long political stalemate in the restive region.

Mohammad Yousuf Tarigami , leader of  the Communist Party of India (Marxist),  believes that deferring of the publication of electoral rolls reflects the government’s intentions of not holding the elections, something that prevents the people from having an elected government. Tarigami, also the spokesperson for the People’s Alliance for Gupkar Declaration (PAGD), said the BJP-led Central government has come up with excuses for “deliberately” delaying the democratic process.

“The purpose is to deny the people of Jammu and Kashmir even the basic constitutional rights. The bureaucratic system in place has led to rampant corruption and vested interests are playing foul. The local administration and bureaucratic rule are denying basic amenities to people,” Tarigami told NewsClick.

He, however, added that the Assembly elections in the Union territories will not mark a shift but it will undoubtedly open a few doors of opportunity for people who are awaiting relief.

Vice president of the Jammu and Kashmir Peoples Conference (JKPC) Abdul Gani Vakil released a statement saying that with the delay in the process, it is apparent that the government of India is not interested in holding elections this year.

“They don’t want to pursue the democratic process and in fact are meting out punishment for the people of Jammu and Kashmir. We have been saying that UT administration has failed on every front, which is evident from the misappropriation of Rs 10,000 crore funds, as observed in the Comptroller and Auditor General’s report,” the former minister said in a statement.

Courtesy: Newsclick

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