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45% out: EC releases first data of deletions after adjudication in West Bengal

April 07, 2026 6 min read Polity & Governance GS Paper 2 (Polity & Governance Constitutional Bodies Elections)
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What Happened

  • The Election Commission of India released data showing that approximately 45% of the "doubtful voters" identified in West Bengal's Special Intensive Revision (SIR) were removed after a formal adjudication process — totalling around 27 lakh deletions out of 60 lakh doubtful entries reviewed.
  • The total deletions from West Bengal's electoral rolls reached nearly 91 lakh, reducing the registered electorate from approximately 7.66 crore to 6.77 crore — an 11.62% reduction ahead of the 2026 Assembly Elections.
  • The ECI clarified that deletions occurred in two categories: entries removed through the formal adjudication process (where the registered voter received notice and had an opportunity to appear before the Electoral Registration Officer), and routine removals for death, migration, and duplicate entries.
  • Murshidabad emerged as the district with the highest deletion count (approximately 4.5 lakh), which became a flashpoint for political controversy given the district's demographic composition.
  • The Supreme Court declined to intervene to stay the SIR process, observing that individuals whose names were deleted could re-register and exercise their voting rights in subsequent elections.

Static Topic Bridges

Election Commission of India — Autonomy, Powers, and Accountability

The ECI is a permanent constitutional body under Article 324 with plenary authority over elections. Its independence is safeguarded through constitutional provisions: the Chief Election Commissioner (CEC) can only be removed through a process akin to that for a Supreme Court judge (by Parliament through a resolution supported by a special majority), while other Election Commissioners can be removed on the recommendation of the CEC. The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 2023 further codified service conditions, though critics argued it diluted the independence of non-CEC commissioners.

  • Article 324(5): The CEC can be removed only by order of the President following an address by each House of Parliament supported by a majority of the total membership of that House and a majority of not less than two-thirds of members of that House present and voting (akin to the process for Supreme Court judges under Article 124(4)).
  • The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 replaced the earlier regime; it established a selection committee comprising the Prime Minister, a Union Cabinet Minister nominated by the PM, and the Leader of the Opposition.
  • The Supreme Court in Anoop Baranwal v. Union of India (2023) held that until Parliament legislates, a committee including the Chief Justice of India should select Election Commissioners — the 2023 Act was a legislative response that excluded the CJI.
  • Election Commissioners serve for a term of 6 years or until age 65, whichever is earlier.

Connection to this news: The West Bengal SIR, and its data release, illustrate how ECI's Article 324 plenary powers — largely self-regulatory — require institutional accountability mechanisms, particularly when millions of voters are affected by administrative decisions.

The Representation of the People Act, 1950 (RPA 1950) governs the preparation and revision of electoral rolls. Section 22 allows the Electoral Registration Officer (ERO) to delete an entry on its own motion if the person is dead, has ceased to be ordinarily resident, or is otherwise disqualified. However, before any deletion, the person must be given a written notice and an opportunity to be heard — this procedural safeguard is critical to ensuring voter rights are not arbitrarily extinguished.

  • RPA 1950, Section 22: ERO powers to correct and delete entries; notice must be given before deletion.
  • RPA 1950, Section 24: Appeals against ERO decisions lie to the Chief Electoral Officer (CEO) of the state.
  • The Election Commission's Manual on Electoral Rolls provides detailed procedural guidance for BLOs and EROs on verification and adjudication.
  • Section 62 of RPA 1951 grants the right to vote to every person enrolled on the electoral roll for a constituency — deletion from the roll effectively disenfranchises the person until re-registration.
  • Voters claiming wrongful deletion can file a Form 7 application before the ERO or appeal to the CEO; the timelines for such remedies are typically short before elections.

Connection to this news: The ECI's release of adjudication data — showing 45% deletion rate — was partly aimed at demonstrating procedural compliance with RPA 1950's safeguards. The controversy tests whether the adjudication process in practice met the legal standard of adequate notice and fair hearing.

Voter Registration as a Fundamental Right — Constitutional Dimensions

The right to vote in elections to Parliament and State Legislatures is not a fundamental right under Part III of the Constitution; it is a statutory right under the Representation of the People Act. However, the Supreme Court has held that the right to vote, once granted by statute, cannot be arbitrarily taken away — it must be subject to due process. The right to stand for election is also statutory (not fundamental), but is protected by the principles of natural justice in the context of disqualification.

  • The Supreme Court in Javed v. State of Haryana (2003) held that while the right to vote is a statutory right, restrictions must have a rational basis.
  • In PUCL v. Union of India (2013), the Supreme Court upheld the right to "None of the Above" (NOTA) option, expanding the concept of meaningful electoral participation.
  • Wrongful deletion from electoral rolls has been held to be a violation of the constitutional scheme, entitling the affected voter to speedy restoration.
  • Aadhaar-Voter ID linkage (voluntary under the 2021 amendment to RPA 1950) was designed to de-duplicate rolls; critics raised privacy concerns under the Puttaswamy v. Union of India (2017) nine-judge bench ruling on the right to privacy.

Connection to this news: The West Bengal SIR controversy raises the question of whether mass deletions — even if procedurally compliant — constitute a disproportionate exercise of ECI powers that effectively disenfranchises eligible voters, given the extremely short window for re-registration before elections.

Role of Model Code of Conduct and ECI's Quasi-Judicial Functions

The ECI exercises quasi-judicial functions in addition to its administrative role: it adjudicates complaints under the Model Code of Conduct (MCC), decides on disqualification of candidates under Section 8A of RPA 1951 (disqualification for corrupt practices on ECI's opinion), and adjudicates complaints of electoral malpractice. These powers flow from Article 324 and are not ordinarily subject to judicial review except on grounds of malafides or violation of natural justice.

  • MCC is not statutory but enforced under Article 324; it becomes operational from the date of announcement of the election schedule and lapses on the date of declaration of results.
  • MCC prohibitions include: use of government machinery for campaign purposes, announcement of new government schemes/projects after election schedule, and hate speech targeting communities.
  • ECI's decisions on candidate disqualification under Section 8A (election petition outcomes) are final and cannot be questioned except in the Supreme Court under Article 136.
  • The ECI has powers to order re-polling, postpone elections, or transfer officials — all under Article 324 without requiring specific statutory authority for each action.

Connection to this news: The ECI's decision to proceed with SIR and release adjudication data is an exercise of its Article 324 administrative powers; the courts' deference to ECI (as seen in the Supreme Court's refusal to stay the process) reflects the constitutional design of electoral independence.

Key Facts & Data

  • 91 lakh total deletions from West Bengal electoral rolls; 27 lakh removed after adjudication (45% of approximately 60 lakh "doubtful" entries).
  • Total West Bengal electorate post-SIR: 6.77 crore (down from 7.66 crore, an 11.62% drop).
  • Murshidabad: highest deletion count at approximately 4.5 lakh.
  • Article 324(5): CEC removal process — requires Parliament address with special majority (akin to Supreme Court judge removal under Article 124(4)).
  • Anoop Baranwal v. Union of India (2023): Supreme Court held selection of Election Commissioners must include the Chief Justice of India until Parliament legislates.
  • RPA 1950, Section 22: ERO must give notice before deleting any voter entry.
  • RPA 1950, Section 24: Appeals against ERO decisions lie to Chief Electoral Officer.
  • West Bengal Assembly: 294 seats; Phase 1 polling on April 23, 2026.