ECI’s claim of SC backing for declaration form untenable
The Election Commission of India's claim of Supreme Court endorsement for a new voter declaration form appears disputed, as the court's observations allowed discretion but did not directly validate the form itself.
The Election Commission of India's claim of Supreme Court endorsement for a new voter declaration form appears disputed, as the court's observations allowed discretion but did not directly validate the form itself.
The Election Commission of India's claim of Supreme Court endorsement for a new voter declaration form appears disputed, as the court's observations allowed discretion but did not directly validate the form itself.
New Delhi: Even as the Election Commission of India claimed on Saturday that the Supreme Court had endorsed its decision to collect a declaration form along with Form 6 for enrolling new voters, the assertion appears at odds with the court's observations.
The court had indeed said that the Election Commission could decide on the documents required to make the Special Intensive Revision (SIR) of electoral rolls more robust. However, at no stage did the court directly examine the validity of the declaration form, nor did it consider the legal or constitutional basis for requiring such a declaration.
The Commission’s argument came amid reports of differences within the ECI over collecting the declaration following an amendment to the relevant rules.
EC has discretion, but not without limits
Its contention that the Supreme Court had upheld the requirement of a declaration is based on its interpretation of the Bihar electoral rolls case. The key issue before the court was whether certain documents, including Aadhaar, could be considered for the revision of electoral rolls.
It was in this context that the court observed that the Commission had some discretion to decide what documents could be accepted, even if they were not specifically prescribed in law. But the court also made it clear that this power was not unfettered. The court advised that the existing legal framework should also be taken into account while framing such a mechanism.
Timing of objections also raises questions
The chronology of the objections raised by the Election Commissioners over the declaration form also raises questions about the Commission’s interpretation of the court’s ruling.
One of the Election Commissioners, Sukhbir Singh Sandhu, raised objections even after the May 27 judgment in the Bihar case, which the Commission now cites in support of its position. According to reports, Mr Sandhu conveyed his disagreement over the rule amendment on August 13.
Another Election Commissioner, Vivek Joshi, reportedly objected to the requirement of the declaration form on May 16, before the court delivered its judgment.