Hindi English Translation || Editorial || ​Burden of proof: On SIR 2.0 and the voter

​Burden of proof: On SIR 2.0 and the voter

The SIR’s enumeration (गिनती, सूचीकरण) process of putting the onus (ज़िम्मेदारी, भार) on residents to prove eligibility is flawed

The Election Commission of India (ECI)’s SIR of electoral rolls, being held in 12 States and Union Territories (UT), demands urgent judicial scrutiny (जांच, सूक्ष्म परीक्षण) due to its implementation and its base methodology. While the Supreme Court continues to hear challenges to the constitutionality (संवैधानिकता) of the SIR process pioneered in Bihar, the same flawed approach is being persisted with in other States. Voters are to fill enumeration forms delivered by Booth Level Officers (BLO) and match their details against electoral rolls from 2002-2005. Though data from Bihar suggest that the process did not dramatically alter election outcomes, it saw a sharp decline in the gender ratio of the electorate. Other localised distortions (विकृति, तोड़-मरोड़) also warrant concern. The ECI claims that enumeration forms have been delivered to most electors in the 12 States and UTs, but genuine voters continue to scramble (To move quickly and awkwardly; to compete with others for something scarce; to mix or jumble) for forms, and confusion persists about the documentation required for enrolment (नामांकन, पंजीकरण) on the draft rolls due next month. The guideline mandating that BLOs visit households appears to be only on paper. The Gauhati High Court, in Dr. Manmohan Singh (1999), interpreted requirements in the Representation of the People Act, 1950 expansively: an ordinary resident is a habitual resident with the intention to dwell permanently — whom any reasonable person would accept as a resident of that place. Operating from this principle, the ECI and the judiciary have historically presumed (अनुमान लगाना) that any resident adult was, by default, a valid voter.

The SIR inverts this presumption (अनुमान). Regardless of having voted earlier, every elector must now prove their legitimacy (वैधता) against old records or documents listed by the ECI. This shifting of the burden, from the state to citizens, risks major disenfranchisement (The state of being deprived of a right or privilege, especially the right to vote), especially married women and migrants, as in Bihar. As courts have recognised, a strict interpretation of the “ordinarily resident” requirement can vitiate the democratic process. During hearings on Bihar, the Court focused on implementation, placing the onus of protecting genuine voters on party representatives and legal volunteers. It did not examine whether the enumeration form methodology passes constitutional muster, nor did it address persisting inaccuracies in revised rolls — likely a consequence of harried BLOs leaving errors uncorrected. The ECI could have chosen a more patient door-to-door verification to ensure universal adult franchise, complemented by technology-driven deduplication. Instead, it doubled down on an approach that prioritises “purifying” the rolls over protecting the franchise. As the SIR expands, the Court must move beyond procedural oversight (निगरानी, चूक) to examine the process’s constitutional foundations. What is essential is a clear directive restoring the burden of accurate enrolment to the ECI rather than leaving citizens to prove that they belong on rolls they have been on for years.

Courtesy: The Hindu

Important Word List With Meaning

1.Enumeration (Noun)

Hindi Meaning – गिनती, सूचीकरण
English Meaning – The action of mentioning a number of things one by one; a list.

2.Onus (Noun)

Hindi Meaning – ज़िम्मेदारी, भार
English Meaning – Something that is one's duty or responsibility; the burden of proof.

3.Scrutiny (Noun)

Hindi Meaning – जांच, सूक्ष्म परीक्षण
English Meaning – Critical observation or examination; a detailed inspection.

4.Constitutionality (Noun)

Hindi Meaning – संवैधानिकता
English Meaning – The condition of being in accordance with an established constitution.

5.Distortion (Noun)

Hindi Meaning – विकृति, तोड़-मरोड़
English Meaning – The action of twisting or altering something out of its true shape or meaning; a misleading account or representation.

6.Presume (Verb)

Hindi Meaning – अनुमान लगाना
English Meaning – To suppose that something is the case on the basis of probability; to take for granted; to assume.

7.Enrolment (Noun)

Hindi Meaning – नामांकन, पंजीकरण
English Meaning – The action of enrolling or being enrolled; the number of people enrolled.

8.Oversight (Noun)

Hindi Meaning – निगरानी, चूक
English Meaning – An unintentional error; the action of overseeing or supervising someone or something.

9.Presumption (Noun)

Hindi Meaning – अनुमान
English Meaning – An idea that is taken to be true, and often used as the basis for argument or action; behavior perceived as arrogant or disrespectful.

10.Legitimacy (Noun)

Hindi Meaning – वैधता
English Meaning – The state of being lawful, valid, or justifiable; conformity to law or rules.

11.Scramble (Verb)

English Meaning – To move quickly and awkwardly; to compete with others for something scarce; to mix or jumble.

12.Disenfranchisement (Noun)

English Meaning – The state of being deprived of a right or privilege, especially the right to vote.