Electoral Roll Revision in India: The RPA 1950 and Contemporary Issues

The Act of Representation of the people 1950 can be considered the core of the electoral democracy in India. It has a practical effect of constitutional undertakings of representation and universal adult suffrage by regulating distribution of seats, boundary of constituencies and above all preparation and revision of electoral rolls. Although it is commonly regarded as a technical law, the Act has a veto influence on what and who is a part of the democratic process. This paper follows the history of electoral roll revision in India, where a highly intensive door-to-door process of the early post-independence period gave way to a more summary and continuous process when electoral administration became stabilised. It is in this historical and legal context that it looks at the modern form of Special Intensive Revision (SIR), with in this case having taken the form of the recent exercise in Bihar after almost 20 years. This paper examines legal foundations of SIR on the Representation of the People Act, 1950 and the constitutional power of the Election Commission of Article 324 as well as the defence given to the Bihar exercise. Meanwhile, the article addresses the constitutional issues that have been brought up in the SIR, specifically the danger of voter suppression, the transfer of the excess of the evidentiary load to citizens, and the unfair treatment of migrant workers and disadvantaged economic strata. Based on the jurisprudence of the Supreme Court, it has pointed to the tension pitting the accuracy of the electoral roll and inclusion of voters. The article points out that even though it is crucial to keep the electoral roll intact, this should be carried out carefully in accordance to social realities, procedural fairness and the constitutional obligation of everyone to exercise their democracy.