New Voter Registration Rules in India

Context

The Election Commission has issued another declaration in the online Form 6 for the purpose of registering voters, asking prospective voters to specify information on their parents’ electoral status in the last Special Intensive Revision (SIR), raising questions on the legal procedure and electoral governance.

Key Highlights

• The Election Commission of India (ECI) has added another declaration to the online Form 6 to be filled on ECINET.
• The applicants who want to register as new voters must now enter information on the electoral status of their parents in the previous registration process of “Special Intensive Revision (SIR)”.
• The development has raised questions about whether the statutory Form 6 has been properly changed and about the legal process to accomplish that change.

What is Form 6?

• The statutory application form for:
  • New voter registrations for eligible voters.
  • Registration of citizens who have attained 18 years of age.
• It is prescribed in the following medications:
  • The Representation of the People Act, 1950 (RPA, 1950).
  • Electors’ Registration Rules, 1960.

What is the New Requirement?

• The online ECINET portal requires applicants to know:
  • State if either parent had been involved in the previous Special Intensive Revision (SIR).
• If yes, provide:
  • Assembly Constituency number.
  • Polling Booth (Part Number)
  • Serial Number of the parent’s electoral roll.
  • If parents were not included:
  • Mention parents’ names.
  • If possible, give their EPIC (Elector Photo Identity Card) number.

What is meant by the Special Intensive Revision (SIR)?

• The Electoral Revision is a complete revision of the electoral rolls by the Election Commission.
• It aims to:
  • Remove duplicate entries.
  • Remove voters who are deceased or have moved.
  • Update electoral rolls.
  • Make voter lists more accurate and reliable.
• The current SIR is very different from routine annual revisions, which are not as extensive.

Constitutional and Legal Framework

• Constitutional Provisions

  • Universal adult suffrage is guaranteed in Article 326.
  • The people who are ordinarily resident in a constituency are eligible to be registered to vote, provided a citizen at least 18 years old is not disqualified under the law.

• Statutory Provisions

  • The legal framework is regulated by:
    • Representation of the People Act, 1950.
    • Electors Registration Rules 1960.
  • The Central Government has been given power to make changes in electoral rules under Section 28 of the RPA after consulting with the Election Commission by notification in the Official Gazette.

• Legal Concerns

  • There have been several issues that have arisen:
    • It has been reported that the extra declaration has only been added to the online version of Form 6.
    • The statutory Form 6 (available for download) is not being amended.
    • There is no officially issued Gazette Notification to amend Form 6.
    • There are doubts about procedural matters and compliance with delegated legislation.

Implications

• Administrative

  • It can be hard for applicants to find out, particularly from a parent, their own past electoral history.
  • The extra requirement may make the voting registration more complicated for new voters.

• Electoral Governance

  • The measure is to enhance the credibility of electoral rolls.
  • More verification should minimize duplicate and fraudulent sign-ups.

• Constitutional Concerns

  • All procedural requirements that impact voter registration should be uniform with:
    • Universal adult franchise.
    • Equality before law.
    • Due process.
  • Administrative measures should not be an obstacle for citizens who are entitled to vote to do so according to the constitution.

Challenges

• Historical Election Data is available.
• Accessibility of digital information for novices.
• Lack of procedural transparency.
• Striking the right balance between electoral integrity and ease of voter registration.Ensuring electoral integrity while facilitating voter registration.
• Improving transparency of electoral reforms.

Way Forward

• Update statutory forms following the legal process, before implementation.
• Provide in-depth public guidelines on the new declaration.
• Expand ease of voter verification for young voters.
• Ensure historical electoral records are made more accessible online.
• Maintain transparency, legality and citizens’ friendliness in electoral reform.

Conclusion

• It is very important that the electoral lists are kept accurate in order to have free and fair elections.
• Reforms, however, must be done in accordance with the constitutional principles and statutory procedures.
• To maintain confidence in India’s electoral system, transparent implementation of the process, legal certainty and ease of voter enrolment are also crucial.

Source: The Indian Express

Mains PYQ

Q. To enhance the quality of democracy in India the Election Commission of India has proposed electoral reforms in 2016. What are the suggested reforms and how far are they significant to make democracy successful? (2017)

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