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Saturday, December 20, 2025

Mass Deletions from Electoral Rolls & the Constitutional Question of Disenfranchisement

 

Mass Deletions from Electoral Rolls & the Constitutional Question of Disenfranchisement

Introduction: When Revision Begins to Resemble Removal

The recent publication of draft electoral rolls after the Special Intensive Revision (SIR) by the Election Commission of India has triggered serious constitutional and democratic concerns.

With over 15% electors deleted in Tamil Nadu, 14.5% in Gujarat, and an alarming 35.6% deletion in Chennai district, the episode has shifted the debate from routine roll correction to potential mass disenfranchisement.

This is not merely an administrative exercise — it is a test of electoral integrity in a constitutional democracy.


What Is Special Intensive Revision (SIR)?

SIR is an exceptional mechanism undertaken under:

  • Article 324 of the Constitution

  • Representation of the People Act, 1950

  • Registration of Electors Rules, 1960

Purpose of SIR

  • Remove duplicate entries

  • Delete deceased voters

  • Update entries of shifted voters

  • Ensure purity of electoral rolls

📌 Key UPSC Insight
SIR is intended as a corrective exercise, not a reconstructive one.


Scale of Deletions: Why This Is Unprecedented

Tamil Nadu

  • Electors before SIR: 6.41 crore

  • Draft roll after SIR: 5.43 crore

  • Deleted: 97.3 lakh

    • Deceased: 26.9 lakh

    • Shifted/Absent: 66.4 lakh

    • Duplicate: 3.98 lakh

Chennai District

  • Before: 40 lakh

  • After: 25.7 lakh

  • Deleted: 14.2 lakh (35.6%)

Such large-scale deletions in urban, migratory populations raise constitutional red flags.


Historical Background: Electoral Roll Revision in India

Historically, electoral roll revisions have been:

  • Incremental

  • Continuous

  • Voter-friendly

Mass deletions were rare because:

  • India follows inclusion-first electoral philosophy

  • Burden lies on the State to prove ineligibility

  • Voter deletion is treated as a serious civil consequence


Constitutional Framework Involved

Article 326 – Universal Adult Suffrage

Guarantees:

  • Right to vote to all citizens above 18

  • Subject only to limited disqualifications

While voting is a statutory right, its denial impacts:

  • Article 14 (Equality)

  • Article 19(1)(a) (Political expression)

  • Basic structure of democracy


Key Supreme Court Judgments (Very Important for UPSC)

1. PUCL vs Union of India (2003)

  • Voting is a form of expression

  • Electoral processes must be transparent and fair

2. Lal Babu Hussein vs ECI (1995)

  • Electoral roll revision must follow due process

  • Deletion without notice violates principles of natural justice

3. N.P. Ponnuswami vs Returning Officer (1952)

  • Courts generally avoid interfering during elections

  • BUT pre-election disenfranchisement is an exception

4. Inderjit Barua vs ECI (1985)

  • Right to be included in electoral roll is enforceable

  • Arbitrary deletions are subject to judicial review

📌 Prelims Trick
UPSC often tests difference between “right to vote” and “right to be on electoral roll.”


Shifted or Absent Voters: The Core Constitutional Problem

The most troubling figure is:

66.4 lakh voters marked as “shifted or absent” in Tamil Nadu

Why This Is Dangerous

  • India has high internal migration

  • Absence ≠ loss of citizenship

  • Urban poor, migrants, renters are most affected

📌 GS-II Line

Administrative convenience cannot override constitutional inclusion.


Political & Civil Society Response

  • Yogendra Yadav termed it “mass disenfranchisement”

  • P. Chidambaram flagged the “shifted or absent” category as deeply problematic

Their concern highlights:

  • Structural bias against mobile populations

  • Risk of selective voter suppression


Role & Responsibility of the Election Commission

The EC is:

  • A constitutional authority

  • Expected to act as neutral guardian, not mere administrator

Doctrine of Institutional Trust

Legitimacy of elections depends on:

  • Transparency

  • Political consensus

  • Procedural fairness

Large deletions, even if legal, can erode trust.


Federalism Angle

Electoral rolls are prepared by:

  • State machinery

  • Under EC supervision

Mass deletions raise questions about:

  • Centre–State trust

  • Uniformity vs local realities

  • Administrative capacity


Ethical Dimension (GS-IV Ready)

Ethical Conflict

  • Electoral purity vs voter inclusion

  • Administrative efficiency vs democratic participation

Ethical Principle Violated

  • Justice (procedural fairness)

  • Non-maleficence (do no harm)

  • Democratic equity

📌 Quote-ready line:

In a democracy, the cost of excluding one genuine voter is greater than the cost of retaining ten doubtful names.


Claims & Objections Window: Is It Enough?

While EC has allowed objections till January 18, 2026, issues remain:

  • Awareness gap

  • Digital divide

  • Burden on citizen, not State

UPSC Insight:

Procedural remedies are ineffective if access is unequal.


Comparative Perspective

  • UK: Annual canvassing + reminders

  • Australia: Compulsory enrolment, State responsibility

  • India: Citizen bears disproportionate burden


Conclusion: Democracy Is Measured by Inclusion

Electoral roll revision is necessary — but scale, method, and intent matter.

When deletions reach double-digit percentages, the constitutional question shifts from:

“Is the roll accurate?”
to
“Is the democracy accessible?”

A democracy does not fail only when elections are rigged —
it also fails when citizens silently disappear from the rolls.


UPSC FINAL TAKEAWAY

  • SIR is legal, but not unlimited

  • Mass deletions require heightened constitutional scrutiny

  • Electoral integrity = purity + inclusion, not purity alone

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