What Happened
- The Supreme Court, while hearing a petition related to the deletion of voter names from West Bengal's electoral rolls under the Special Intensive Revision (SIR) process, observed that a person born in India has both a constitutional and "sentimental" right to be on the electoral roll and to vote.
- Justice Joymalya Bagchi stated: "The right to vote in a country you were born in is not just constitutional, but sentimental — it is about being part of a democracy and helping elect a government."
- Nearly 91 lakh voter names were removed statewide under the Election Commission's SIR exercise ahead of the 2026 West Bengal Assembly Elections; over 34 lakh appeals against exclusion remain pending before appellate tribunals.
- The Supreme Court declined to grant interim voting rights to petitioners with pending appeals, with Chief Justice Surya Kant calling such a request "entirely out of the question," citing procedural safeguards.
- The Court indicated it would examine election results if victory margins are low and voter deletions are disproportionately high, signalling potential post-election review.
Static Topic Bridges
Right to Vote under Article 326
Article 326 of the Constitution establishes elections to the Lok Sabha and State Legislative Assemblies on the basis of adult suffrage — every citizen aged 18 or above who is not disqualified under any law is entitled to be entered in the electoral roll. Disqualifications include non-residence, unsound mind (declared by a competent court), criminal conviction for specified offences, and corrupt electoral practices.
- Article 326 guarantees adult suffrage as a constitutional right, not merely a statutory one.
- The Supreme Court in PUCL v. Union of India (2003) recognised the right to vote as a constitutional right, though not a fundamental right in the traditional sense; Justice Rastogi in a separate opinion termed it a fundamental right.
- The right cannot be denied on grounds of caste, religion, gender, race, or economic status.
- The Election Commission under Articles 324 and 326 has the duty to prepare, maintain, and periodically revise electoral rolls.
Connection to this news: The Supreme Court's observation that a person born in India has a constitutional and "sentimental" right to vote draws directly from Article 326 — the Court was underscoring that exclusion from the electoral roll strikes at the core of representative democracy.
Special Intensive Revision (SIR) of Electoral Rolls
The Election Commission of India (ECI) conducts periodic revisions of electoral rolls under the Representation of the People Act, 1950. A Special Intensive Revision involves a comprehensive door-to-door enumeration to add new electors, delete names of deceased/shifted/duplicate entries, and update addresses.
- The ECI is a constitutional body under Article 324, which vests superintendence, direction, and control of elections in the Commission.
- Deletions from the electoral roll can be challenged before designated Electoral Registration Officers (EROs) and appellate tribunals.
- The Representation of the People Act, 1950 (Sections 21–25) governs preparation and revision of rolls; Section 22 deals with deletion of entries.
- West Bengal SIR 2026 involved removal of approximately 91 lakh names, with 34 lakh appeals pending — an unprecedented volume for any single state revision exercise.
Connection to this news: The large-scale deletions and the volume of pending appeals raised concerns about procedural fairness; the Supreme Court's refusal to grant interim voting rights while acknowledging the right's sanctity reflects the tension between procedural integrity and democratic participation.
Election Commission of India — Constitutional Status and Powers
The ECI derives its authority from Part XV (Articles 324–329) of the Constitution. Article 324 gives the Commission the superintendence, direction, and control of the preparation of electoral rolls and the conduct of all elections to Parliament, State Legislatures, and the offices of President and Vice-President.
- The ECI is a multi-member body (Chief Election Commissioner + Election Commissioners) since 1989.
- Chief Election Commissioner can only be removed by a process analogous to that for a Supreme Court judge (impeachment by Parliament) — Article 324(5).
- The 2023 Election Commission Amendment Act changed the appointment committee for Election Commissioners (excluding the CJI), which was challenged in the Supreme Court.
- Under Section 22 of the Representation of the People Act, 1950, the ECI may direct deletion of entries from the rolls upon being satisfied that the entry is erroneous or should be deleted.
Connection to this news: The ECI's SIR exercise in West Bengal, resulting in mass voter deletions, invoked the Commission's core constitutional role under Article 324; the Supreme Court's oversight role under Article 136 was activated through the petition challenging the deletions.
Key Facts & Data
- Article 326: Basis of adult suffrage for elections to Lok Sabha and State Assemblies
- Age of voting eligibility: 18 years (lowered from 21 by the 61st Constitutional Amendment, 1988)
- West Bengal SIR 2026: ~91 lakh names deleted from electoral rolls
- Pending appeals: ~34 lakh before appellate tribunals
- Supreme Court bench: Chief Justice Surya Kant and Justice Joymalya Bagchi
- Representation of the People Act, 1950 — Section 22 governs deletion of names from electoral rolls
- PUCL v. Union of India (2003): Landmark case recognising right to vote as constitutional right
- Article 324: ECI's constitutional mandate for superintendence of elections