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The article critically examines the Election Commission's (EC) Special Intensive Revision (SIR) in Bihar, initiated in June 2025, which has led to the exclusion of 6.5 million voters from the electoral rolls just months before the state assembly elections in November. The author argues that this exclusion represents a significant violation of Article 326 of the Indian Constitution, which guarantees adult suffrage to all citizens of India above the age of eighteen, unless disqualified on specific grounds like non-residence, unsoundness of mind, or involvement in criminal or corrupt practices. The central contention is that the SIR effectively disenfranchises millions, rendering them, in the author's words, 'non-citizens overnight,' and contravenes the foundational principles of democratic governance enshrined in the Constitution. The article heavily draws upon the pronouncements and concerns of B.R. Ambedkar, a key architect of the Indian Constitution, highlighting his emphasis on the fundamental importance of the franchise and his warnings against the exclusion of eligible voters due to prejudice or administrative caprice. The author cites Ambedkar's belief that the Central Election Commission should ensure fair and impartial preparation and revision of electoral rolls, free from interference from the executive branch of government. This point is particularly relevant in the context of the author's broader criticism of the alleged interference by the Modi government in the functioning of constitutional bodies, raising serious questions about their independence and impartiality. The historical context of the Constituent Assembly debates is crucial to understanding the article's argument. The author refers to discussions regarding the potential for executive interference in the electoral process, particularly concerning the exclusion of individuals based on racial, cultural, or linguistic grounds. These concerns, voiced during the drafting of the Constitution, are presented as prescient warnings of the situation unfolding in Bihar in 2025. The article also references the concerns raised by other members of the Constituent Assembly, such as Shibban Lal Saxena, who emphasized the need for the Election Commission to enjoy the confidence of all parties, and K.M. Munshi, who cautioned against corrupt practices by the government of the day. These voices underscore the enduring relevance of the debates surrounding the independence and integrity of the electoral process. The role of the Opposition in a democracy is also highlighted, drawing upon the statements of Z.H. Lari and Naziruddin Ahmad, who stressed the importance of a constructive and effective opposition to hold the government accountable and safeguard democratic principles. The author suggests that the current ruling party exhibits a tendency to dismiss criticism and disregard the arguments of the opposition, echoing the concerns raised by Ahmad during the Constituent Assembly debates. The article further critiques the current state of affairs in India, pointing to the functioning of central investigating agencies, the occurrence of extrajudicial killings ('encounters'), and the alleged abuse of state machinery and media to promote the objectives of the ruling party. These developments are presented as evidence of the erosion of democratic norms and the realization of Ambedkar's fears regarding the potential for a 'police state' or a 'totalitarian state' where opposition is suppressed and individual freedoms are curtailed. The author emphasizes the importance of upholding the philosophy, ideology, spirit, and morality underlying the Constitution of India. The article concludes with a stark warning that a failure to defend these ideals will ultimately lead to the transformation of India into a dictatorship. The author, as a former president of the Supreme Court Bar Association, brings a legal perspective to the analysis, reinforcing the gravity of the constitutional issues at stake. The entire piece acts as a warning, emphasizing that the exclusion of voters, irrespective of the reasons given, undermines the very foundation of a democratic society. The implications extend far beyond the immediate context of the Bihar elections, raising fundamental questions about the future of Indian democracy. The author’s alarm is not merely about a statistical anomaly in voter registration, but a systemic flaw that could potentially unravel the democratic fabric of the nation. The meticulous references to historical debates and constitutional principles serve to underscore the seriousness of the situation. The piece serves as a critical evaluation of the current political climate in India, highlighting perceived threats to democratic institutions and processes. By drawing parallels between the concerns raised during the drafting of the Constitution and the present-day situation, the author seeks to awaken a sense of urgency and responsibility among citizens, political leaders, and constitutional bodies. The article effectively blends legal analysis, historical context, and political commentary to present a compelling case for the need to safeguard the integrity of the electoral process and uphold the principles of constitutional democracy in India. The author clearly sees the current election challenges as a canary in the coal mine, warning of deeper, more troubling trends at play. The piece is a call to action, urging all stakeholders to recognize and resist the erosion of democratic values and institutions.
The article's strength lies in its detailed contextualization of the voter exclusion issue within the broader framework of Indian constitutionalism and democratic theory. The author masterfully weaves together historical references, legal arguments, and contemporary political observations to create a nuanced and compelling narrative. By drawing upon the wisdom of the framers of the Constitution, particularly B.R. Ambedkar, the author effectively highlights the enduring relevance of their concerns and the potential dangers of complacency in the face of threats to democratic principles. The article also benefits from the author's expertise as a legal professional, lending credibility to the analysis and strengthening the arguments presented. The use of direct quotes from the Constituent Assembly debates adds weight to the author's claims and allows readers to engage directly with the historical context of the Constitution. The author's critique of the current political climate in India, while potentially controversial, is presented in a reasoned and evidence-based manner, citing specific examples of alleged abuse of power and erosion of democratic norms. This adds to the article's overall impact and reinforces the urgency of the author's call to action. The weakness of the article, if any, might be the perception of bias. While the author presents a well-reasoned argument, the strong critique of the current government and the emphasis on perceived threats to democratic institutions could be interpreted as reflecting a particular political viewpoint. However, this does not necessarily invalidate the author's claims, as the article provides ample evidence to support its arguments and invites readers to draw their own conclusions. It’s important to note that critical analysis of government actions is a necessary component of a healthy democracy. Another area for potential improvement could be the inclusion of alternative perspectives on the voter exclusion issue. While the author presents a compelling case for the potential for disenfranchisement and the erosion of democratic norms, it would be beneficial to acknowledge and address any counterarguments or justifications offered by the Election Commission or the government. This would enhance the article's objectivity and allow readers to gain a more comprehensive understanding of the issue. Despite these minor points, the article remains a valuable contribution to the ongoing debate about the state of democracy in India. Its thoughtful analysis, historical context, and legal expertise make it a compelling read for anyone interested in understanding the challenges and opportunities facing Indian democracy today.
Further, the article prompts a serious examination of the role and responsibilities of various institutions in safeguarding democracy. The Election Commission, the judiciary, the executive branch, and the legislative branch all have crucial roles to play in upholding the Constitution and ensuring the integrity of the electoral process. The author's critique of the Election Commission's SIR in Bihar raises questions about the effectiveness of its oversight mechanisms and its ability to resist political interference. The judiciary, as the ultimate interpreter of the Constitution, has a vital role in adjudicating disputes related to electoral laws and protecting the fundamental rights of citizens. The executive branch, while responsible for implementing laws and policies, must act in accordance with the Constitution and respect the independence of constitutional bodies like the Election Commission. The legislative branch has the responsibility to enact laws that promote free and fair elections and to hold the executive accountable for its actions. The article also underscores the importance of active citizenship in a democracy. Citizens have a responsibility to stay informed about political issues, to participate in the electoral process, and to hold their elected representatives accountable. Apathy and complacency can create opportunities for abuse of power and erosion of democratic norms. The author's call to defend the ideals of the Constitution is a call to active citizenship, urging individuals to take ownership of their democracy and to resist any attempts to undermine its foundations. In conclusion, the article serves as a timely reminder of the fragility of democracy and the constant vigilance required to protect it. The voter exclusion issue in Bihar, as analyzed by the author, is not merely a local problem but a symptom of deeper challenges facing Indian democracy. By drawing upon historical wisdom, legal expertise, and contemporary observations, the author provides a compelling case for the need to reaffirm the principles of the Constitution and to strengthen the institutions that safeguard them. The article calls for a renewed commitment to active citizenship and a collective effort to resist any attempts to erode the foundations of Indian democracy. The future of India as a democratic nation depends on the willingness of its citizens, political leaders, and constitutional bodies to uphold the ideals of the Constitution and to defend them against all threats, both internal and external.
Source: Election Commission’s SIR in Bihar: A spectre of exclusion