India's Election Commission was established on January 25, 1950, a day before India became a republic. This was a remarkable act of foresight. In a democracy, political parties compete for the support of the electorate to earn the right to govern. The contest must be free, fair and without fear or coercion. An independent Election Commission is essential to ensuring this. Over seven decades, the commission acquired a formidable reputation for impartiality and professionalism. That reputation is a precious national asset, which must be protected.

The controversy surrounding the Special Intensive Revision (SIR) of electoral rolls must be viewed in this larger context. There is no disagreement about the need for clean and accurate voter lists. People die, migrate, change addresses, and new voters become eligible. Duplicate and ineligible entries must be removed. But the methods employed in the present exercise have raised serious questions about the rights of genuine voters, the burden imposed on ordinary citizens, and the safeguards against wrongful exclusion.

Wrongful Exclusion And Its Consequences

Consider first the two kinds of errors. One is wrongful inclusion. The other is the exclusion of someone who is eligible. Both compromise electoral integrity, but their consequences are asymmetric. A wrongly included name may or may not result in an illegal vote. An eligible citizen whose name has been wrongly deleted is certainly prevented from voting. Hence, the process must attach particular importance to preventing wrongful exclusion.

The second issue concerns the burden of proof. Once a person's name has been included in the electoral roll after verification, there is a presumption of eligibility. If the authorities subsequently question that eligibility, they must have specific grounds and follow the prescribed procedure. Yet, the SIR appears to have reversed this principle. Citizens who have voted for years are being asked to establish........

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