New Delhi: The Election Commission has always been a “puppet” in the hands of the Modi government, Rajya Sabha MP Kapil Sibal has alleged and claimed the poll body’s Special Intensive Revision of electoral rolls in Bihar is an “unconstitutional” move aimed at ensuring that majoritarian governments remain in power.
In an interview with PTI, Sibal also alleged that each election commissioner surpasses the previous one in his “alignment to this government”.
Hitting out at the ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar, the former law minister said the Election Commission (EC) doesn’t have the jurisdiction to decide issues of citizenship.
The EC has all along maintained that the revision, being held after 22 years, will cleanse the voters’ list of ineligible people, duplicate entries and include those eligible as per law to vote.
Asked about the opposition’s attack on the EC over SIR, Sibal said, “It has always been a puppet in the hands of the government for a long long time ever since this government came to power.”
The conduct of the Election Commission, the less said about it, the better, he said.
“In fact, each election commissioner surpasses the previous one in his alignment to this government,” Sibal said.
On the ongoing SIR, he said, “This is according to me a completely unconstitutional process that is being carried on. The Commission doesn’t have the jurisdiction to decide issues of citizenship and that also by a block level officer.”
“I have been saying that they (BJP) adopt all possible means to somehow win elections. In fact, this whole particular process of a special intensive revision is a process to ensure majoritarian governments for all times to come,” the senior advocate said.
“This is the intent because if you delete the names of poor people, the marginalised, the adivasis, you will ensure that the majoritarian party always wins. So this is yet another way of ensuring that and this is very worrisome,” he said.
Sibal said he has always stated that he doesn’t believe in the independence of the EC at all because the institution has not reflected that independence that was expected of them.
On the Supreme Court’s interim order, Sibal refused to comment on it, pointing out that he is a counsel in the matter.
“Whatever the court has said will be taken into account hopefully by the EC itself. So that we don’t have this controversy moving forward,” he said.
Noting that the Monsoon session of Parliament is coming up, Sibal said the issue of SIR is perhaps more significant than any other issue being talked about today.
He also said the Maharashtra issue is also very important because “the EC has still not been able to explain how there was a sudden spurt of voters only in those constituencies where the BJP has won”.
On issues that need to be taken up during the Monsoon Session, Sibal said there are many issues that the government raises everyday but the problem is “they never give us time”.
“They never allow a discussion to take place whether it is about foreign policy or continuance of terror activities or the isolation of India in the international community or the levels of corruption that have quadrupled ever since 2014, or discrimination against states that are not ruled by the political party in power at the Centre, or how the federal structure of this country is being slowly eroded,” Sibal said.
Sibal’s remarks come days after the Supreme Court asked the Election Commission to consider Aadhaar, Voter ID and ration cards as valid documents during SIR in Bihar, set to go to polls later this year.
Calling SIR a “constitutional mandate”, Justices Sudhanshu Dhulia and Joymalya Bagchi had considered the submissions of senior advocate Rakesh Dwivedi, appearing for the EC, and permitted the poll panel to continue with the exercise in Bihar with over 7 crore voters.
Terming the right to vote as an important right in a democratic country, it had said, “We cannot stop a constitutional body from doing what it is supposed to do. Simultaneously, we will not let them do what they are not supposed to do.”
The bench in its order had further noted, “After hearing both sides, we are of the opinion that three questions are involved in this case. A, the very powers of the EC to undertake the exercise, B, the procedure and the manner in which the exercise is being undertaken, and C, the timing, including the timings given for preparation of draft electoral rolls, asking objections and making the final electoral roll, et cetera, which is very short, considering the fact that Bihar election are due in November 2025.”
Underlining the need to hear the matter, the bench has posted over 10 petitions challenging the drive on July 28.
The poll panel in the meantime has been directed to file its response within a week following which the rejoinder from the petitioners could be filed a week thereafter.
The bench has taken on record the poll panel’s statement that the list of 11 documents it had to consider for SIR was not exhaustive.
“Therefore, in our view, since the list is not exhaustive, it would be in the interest of justice if the ECI will also consider the following three documents, such as Aadhaar card, voter ID card, and ration card,” the bench had ordered.
The poll panel, represented by Dwivedi and senior advocates K K Venugopal and Maninder Singh, however, had objected to this part of the order.
“We are not saying you have to. It is up to you to consider. We are saying it looks that way. They are genuine. If you have a good reason to discard then discard it. But give reasons,” Justice Dhulia had remarked.
