Why in the News
The Supreme Court of India ruled that voters excluded from electoral rolls during Special Intensive Revision (SIR) in West Bengal do not lose their voting rights permanently.
Key Observations by Supreme Court
- Voting rights cannot be “washed away forever”
- Excluded voters must be given fair opportunity to appeal
- Tribunal process must ensure fair adjudication
- Electoral authorities must provide reasons for deletion
Case Background
- Special Intensive Revision (SIR) conducted in West Bengal
- Many voters removed from electoral rolls
- 19 tribunals constituted by Election Commission
- Tribunals headed by:
- Former High Court Chief Justices
- Former High Court Judges
- Purpose: Hear appeals of excluded voters
Supreme Court Directions
The Court directed:
- Election Commission must provide:
- Reasons for deletion
- Remarks of adjudicating officers
- Ensure transparent review process
- Tribunal hearings to ensure justice for wrongly excluded voters
Supplementary Electoral Lists
- Final voter list published: Feb 28, 2026
- Supreme Court allowed:
- Supplementary lists to include eligible voters
- Fourth supplementary list already published
Constitutional Significance
- Voting Rights linked to:
- Article 326 — Adult Suffrage
- Representation of the People Act, 1950
- Key Principle: An eligible voter cannot be denied voting rights arbitrarily
| [2017] Right to vote and to be elected in India is a (a) Fundamental Right (b) Natural Right (c) Constitutional Right (d) Legal Right |
