Legal experts divided over SC judges' remarks on voter deletions

Legal experts are divided over remarks by SC judges on voter deletions. Congress MP Abhishek Manu Singhvi and ex-Law Minister Ashwani Kumar voiced support, citing disenfranchisement concerns, while fmr. judge Lokpal Singh defended the ECI's process.

Renowned legal voices have weighed in on recent observations by Supreme Court Justice Ujjal Bhuyan on citizens’ right to vote and remarks by former Supreme Court judge Justice R.F. Nariman, with differing views emerging on voter deletions and the Election Commission’s electoral roll revision exercise.

Concerns Over 'Vote Dilution' Echoed

Senior Advocate and Congress MP Abhishek Manu Singhvi backed the concerns raised by the judges, saying their observations related to issues that directly affect the common man in a democracy. “Justice Nariman, both as a lawyer, a law officer, and a judge, is known to be an extremely learned man,” Singhvi said. Referring to Justice Bhuyan, Singhvi described him as “one of our most respected, outspoken men without fear and inhibition on unnecessary issues”.

Singhvi said both Justice Nariman and Justice Bhuyan had spoken about “vote dilution and vote elimination”. “What can affect a common man in a democracy more than that?” he said. He said there was nothing new in the issues raised by the two judges, but what stood out was their “fearlessness, their specificity, and outspokenness” in raising them.

Singhvi also hoped that more sections of civil society, including engineers, doctors, architects, lawyers and homemakers, would think about the issue and speak openly. “I welcome the thought process behind them and the courage and fearlessness to say it as it is, to call a spade a spade,” he said.

Former Union Law Minister Ashwani Kumar also backed Justice Bhuyan’s observations, saying they reflected concerns over possible disenfranchisement. “Justice Bhuyan’s observations reflect the nation’s conscience regarding mass disenfranchisement,” Kumar said.

He said it was a matter of concern if large numbers of people were excluded from the electoral process through processes whose legal validity had come under scrutiny. Kumar said it was imperative for political parties and institutions to ensure that electoral processes remained transparent and fair and that the sanctity of an individual’s vote was preserved.

Electoral Roll Revision a 'Normal Process'

However, former Uttarakhand High Court judge Lokpal Singh offered a different view on the issue of intensive revision of electoral rolls. Singh said revision of voter lists was a normal electoral exercise and that the Election Commission of India undertakes the process of adding and deleting names as part of maintaining electoral rolls.

“As far as intensive revision of votes is concerned, it is a normal process. The Election Commission of India is engaged in this process throughout the year for adding or deleting the names of the voters,” he said.

Singh said intensive revision should be carried out, adding that the ECI was in the best position to assess allegations of large-scale deletion of names. “It is always easy to say that thousands of votes have been deleted,” he said.

Referring to Bihar and West Bengal, Singh said allegations concerning voter deletions also needed to be examined in the context of verification of voter identities and claims of illegal immigration. He said the ECI should establish whether names were deleted after due verification and cautioned against attributing political motives to the exercise without establishing the facts.

On Justice Nariman’s remarks concerning elections in West Bengal, Singh said he had great respect for the former judge but disagreed with his observations on the issue. “Justice Nariman is a jurist of this country. I have a great respect for Justice Nariman. But so far as the statement of the election of West Bengal is concerned, I do not agree with Justice Nariman,” he said.

Singh referred to the reported deletion of around 90 lakh names and questioned whether the reasons behind such deletions and subsequent developments involving people travelling from West Bengal to Bangladesh should also be examined.

The differing reactions come amid an ongoing debate over electoral roll revisions, voter deletions and the importance of ensuring that eligible citizens are able to participate in the electoral process. While Singhvi and Kumar emphasised the need to safeguard voting rights and the sanctity of the vote, Lokpal Singh stressed the need for electoral roll revision and said allegations of mass deletion should be assessed on the basis of verification and facts. (ANI)

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