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Those hit by SIR deletions may see their other rights diluted: Prashant Bhushan


What Happened

  • Approximately 91 lakh voters were removed from West Bengal's electoral rolls following the Election Commission's Special Intensive Revision (SIR) exercise conducted ahead of the 2026 State Assembly elections — representing about 11.67% of the state's registered voters.
  • Senior advocate Prashant Bhushan and political scientist Yogendra Yadav raised alarms that the deletions were procedurally illegal and potentially targeted specific communities — allegations that the Election Commission has denied.
  • Bhushan warned that disenfranchised voters who lose their place in electoral rolls may also find other rights — Aadhaar, ration cards, domicile certificates — collaterally threatened, since these identity documents are often cross-verified against voter registration.
  • The deletions came through a combination of: earlier removals of approximately 63 lakh names, and an additional 27 lakh declared ineligible after judicial adjudication. Critics noted that out of 27 lakh challenged deletions, only two cases had been heard in a two-week period.

Static Topic Bridges

Right to Vote: Article 326 and the Representation of the People Act

Article 326 of the Constitution provides that elections to the Lok Sabha and State Legislative Assemblies shall be on the basis of adult suffrage — every citizen who is not less than 18 years of age and who is not otherwise disqualified shall be entitled to be registered as a voter. This is a constitutional entitlement, not merely a statutory right. The Representation of the People Act, 1950 (RPA 1950) governs the preparation of electoral rolls, and the Representation of the People Act, 1951 (RPA 1951) governs the conduct of elections.

  • Article 326: adult suffrage; voting age reduced from 21 to 18 by the 61st Amendment (1989).
  • Disqualification grounds under RPA 1950: non-citizenship, unsound mind, corrupt/illegal practice, or imprisonment for certain offences.
  • Section 22 of RPA 1950: deletion from electoral rolls requires written notice to the voter and opportunity to be heard.
  • Electoral rolls are prepared under the supervision of the Election Commission (Article 324).
  • Intensive Revision is different from Summary Revision — intensive revision involves fresh enumeration; summary revision involves only additions/corrections.

Connection to this news: Prashant Bhushan's argument that the SIR exercise violated Section 22 (notice and hearing) and that conducting a fresh list without reference to the existing one is "not contemplated by law" is a statutory challenge — the constitutional underpinning is Article 326's guarantee that adult citizens shall be registered as voters.

Election Commission of India: Constitutional Powers and Independence

The Election Commission of India (ECI) is a constitutional body established under Article 324, which vests in it the superintendence, direction, and control of the preparation of electoral rolls and the conduct of elections. The Chief Election Commissioner (CEC) and Election Commissioners have security of tenure — the CEC can only be removed through a process similar to that for a Supreme Court judge (Article 324(5)).

  • Article 324(1): ECI has plenary power over elections — including electoral roll preparation.
  • Article 324(5): CEC is removable only by Parliament through a process analogous to judicial impeachment.
  • Election Commission of India v. State of Tamil Nadu (1995): SC held ECI's powers under Article 324 are wide and plenary but must be exercised in consonance with law.
  • The Chief Election Commissioner and Other Election Commissioners (Conditions of Service) Act, 2023 changed the appointment committee — CJI was removed from the selection panel (controversy around this change).
  • Intensive Revision (Rule 11 of Registration of Electors Rules, 1960): used periodically; full enumeration of all residences.

Connection to this news: The controversy raises questions about whether the ECI exercised its Article 324 powers in accordance with the procedural safeguards mandated by RPA 1950 and the Registration of Electors Rules, 1960 — particularly the requirement of notice before deletion.

Electoral Rolls and Identity Linkage: Cascading Rights Deprivation

Voter registration in India is increasingly linked to other identity documents — Aadhaar, BPL/ration cards, birth certificates. The government's electoral roll-Aadhaar linkage initiative (Section 23(4) of RPA 1950, inserted by the Election Laws (Amendment) Act, 2021) encouraged voters to link Aadhaar numbers to their voter IDs. Prashant Bhushan's concern is that once a person's voter registration is deleted, challenges to related identity documents may follow, creating a cascading effect on their access to welfare schemes, domicile rights, and other civic entitlements.

  • Section 23(4) of RPA 1950 (as amended in 2021): voluntary linkage of Aadhaar to voter ID.
  • Puttaswamy (Privacy) judgment (2017): Aadhaar linkage must be proportionate and not mandatory for entitlements.
  • Special Intensive Revision differs from Summary Revision in that it involves re-enumeration of the entire constituency.
  • Representation of the People Act, 1950, Section 22: deletion of names requires notice.
  • West Bengal 2026 SIR: 11.67% of voters deleted — among the highest rates in any electoral roll revision in India's history.

Connection to this news: The cascading rights concern is particularly significant for marginalised communities — migrant workers, informal settlers, and minorities — who may lack redundant identity documentation to challenge wrongful deletions, making the loss of voter registration potentially irreversible in practice.

Key Facts & Data

  • 91 lakh voters deleted in West Bengal SIR 2026 — approximately 11.67% of the state's registered electorate.
  • Combined deletions: 63 lakh (earlier) + 27 lakh (judicial adjudication) = ~91 lakh total.
  • Article 326: adult suffrage; voting age changed to 18 by 61st Amendment (1989).
  • Section 22, RPA 1950: deletion from rolls requires notice and opportunity to be heard.
  • Article 324: ECI has plenary power over electoral roll preparation.
  • Chief Election Commissioner and Other Election Commissioners Act, 2023: changed appointment panel (CJI excluded).
  • Election Laws (Amendment) Act, 2021: inserted Section 23(4) — voluntary Aadhaar-voter ID linkage.