SIR Alias Electoral Reforms—By Prof P K Sharma
The much resonated issue of Special Intensive Revision(SIR) of electoral rolls in the nation far and wide has ironically taken everyone by surprise and pell mell since its inception on June 24,2025.The more Modi led NDA dispensation at center tried it level best to evade discussions on SIR then in monsoon session and now in the winter session of Parliament, ultimately the opposition parties’ “sticking to their guns firmly” stance in fact proved to be a blessing in disguise. Very amazingly, in response to opposition’s stubborn demand and stand on debate on SIR only first, the BJP in its wisdom too much scared of pooh pooh preferred to grant something unsolicited but enlarged a gamut in form of Electoral Reforms to wriggle out of the SIR conundrum unscathed. Is it not BJP’s second thought of serving old wine in new bottle ?Why should not now the opposition getting its acts together to leap forward to ooze and exploit this extended Electoral Reforms debate opportunity up to its optimum extent to strengthen vibrant democracy, lively federalism and constitutional propriety quite clearly in doldrums for past quite some time?
With deep, objective. sincere and proper application of mind the opposition can smartly turn tables on BJP by taking the extended scope of SIR to the electoral reforms to its positive and constructive conclusion in the best interests of India popular as the mother of democracy in the world. If it succeeds in belling the cat of electoral reforms in the perspective it will be yeoman’s service to the cause of robust constitutional democracy.
The Opposition ought to bear in mind some essential “ins” and “outs” then many “ifs” and “buts” of entire electoral process quite pertinent to dig out, debate and share during the parleys on the floors of the House of People and House of Elders so that a strong public opinion is generated thereafter ensuring that politically motivated notorious and sinister disenfranchising designs of any regime in form of SIR do not raise their wicked head in any improvised but unwarranted form.If it does not mind its business honestly and spiritedly then it will be blameworthy none else for frittering away the optimism of poll reforms done that has per chance sprung up.
Abraham Lincoln defined democracy in these words “Democracy is a government of the people, for the people and by the people.” In present times in India the words “of”,”for” and “by”have slipped in to perverted forms of “off the people,” “far the people”and “buy the people.”These obvious perversions need to be arrested forthwith promptly on topmost priority.
The Model Code of Conduct(MCC) in polls must be adhered to not only in the letter and spirit in principle sheer on paper but very strictly and objectively too.For this the Election Commission of India(ECI)must be made accountable for any act of omission and commission for the fair,free and fearless conduct of polls.The ruling and opposition parties should be subject to stern treatment alike howsoever hi fi position one is in be deemed equal before the norms and provisions and violation of MCC if any.
Then ECI must function in a transparent, fool proof manner with no element of opacity offering level playing field to all the players in the poll arena.It should discharge its duties with a spirit of collective decision making as well as responsibility.
The selection process of the Chief Election Commissioner and Election Commissioners needing rethinking now be improvised further to make the selection procedure a unanimous decision mandatory affair with the leader of opposition’s view too getting due weightage and significance. The present procedure in practice after the Apex Court Verdict of Selection Panel comprising of the Prime Minister, Leader of Opposition and Chief Justice Of India amended shrewdly by dint of a legislation in Parliament with the replacement of CJI by a Union Minister reducing thus the opinion or dissent of the Leader of Opposition to nothing deserves further amendment in the process.The unanimity factor will make selection more realistic impartial and balanced instead of the majority decision in vogue at present. There is no fun having the leader of opposition on the selection panel then if his submission is to be thrown into the dustbin.
There is the dire need of the hour to bring the unquestionable infinite time limit powers of the President of India, the Governors and the Speakers of State Assemblies to discharge their constitutional duties within a set and justified frame of time so that negativity of infinite time limit to decide legislative matters is curbed in the true and fine constitutional spirit. Hiding behind a tendency of constitutional powers vested in them allows them the liberty to be indecisive indefinitely. The Apex Court two bench decision of Justices JB Pardiwala and R. Mahadevan and then CJI BR Gavai led five judge constitutional bench verdict on the Presidential reference are eye opener judgments in this context. Should not at least there be some deadline in this regard so that they do not hide under this invisible cover-cum-umbrella of the constitutional unbridled powers to bring other systems to a standstill inordinately.
The Eknath Shinde Government in Maharashtra coming into existence after Surat and Guwahati guiles -cum- manipulation was declared unconstitutional by the Apex Court on paper evidently but even then Eknath Shinde squad continued enjoying power for almost two and a half years. Should not the polity and constitution experts search and explore answers to this gross unconstitutionality in vogue?
The whimsical mindset of the BJP and NDA allies in power at center blatantly bent upon undermining and eclipsing the very importance of constitutional offices requires serious an appraisal . Here, it is relevant to draw the attention of both the ruling and opposition as well. For the past over six years the Lok Sabha is pulling on sans a Deputy Speaker. The question arises do we still need an office of Deputy Speaker of Lok Sabha in our democratic system? Why this utmost defiance making fun therefore of the set constitutional provisions?
There should be a rider on the returning officers to function transparently and impartially observing norms in toto in camera whether it be Presidential,
Vice-Presidential Poll or Lok Sabha, Rajya Sabha, State Assemblies, Vidhan Parishad, local bodies elections to follow election poll norms objectively without fear or favour satisfying all stakeholders in black and white to avoid anything hanky pranky. The record as evidence must be preserved by the Election Commission at least for the stipulated term of any office for which poll is conducted, in wake of it challenged at any stage in a court of law.
The ECI in wake of hotch potch and tearing hurry execution of SIR exercise in Bihar followed by in nine states and three union territories left much to be desired. It recklessly went ahead with its malafide and impracticable decision prompted by some “mastermind” with vested interests. It wanted untrained Booth Level Officers (BLOs)serving Teachers ,Clerks, Aanganwadi Workers so on and so forth discharging their main and major duties too in their respective home departments have been coming to the rescue of the ECI voluntarily for additional duties .Why should not ECI have its own army of regular permanent staff meant particularly for performing poll duties instead of pulling on with these stop gap arrangements ?This idea of ECI having its own well trained regular staff will enable Union Government up to some extent in mitigating the mounting issue of unemployment because the polls are not temporary but permanent feature of democracy.
Quite evidently, this SIR decision taken in a huff constrained ECI to hang Damocles Sword over the heads of a large number of extra duty doing BLOs wilting under the stress, strain and pressure of their seniors owing to lodging of the FIRs, resignation, suspensions, threats of non-payment of salaries, they ultimately resorted to extreme course of suicides and some dying of depression as well. Their routine life falling a prey to sixes and sevens because of a bid by the ECI to expect and extract something really uphill or impossible.
The ECs too are not immune from this Sword of Damocles when some of them did not fall in line not dancing to the tunes of “the powers that be.” An erstwhile EC Ashok Lavasa had to quit facing the music when he gave his dissent pertaining to violation of Model Code Of Conduct by a bigwig in 2019 acting as per the calls of his conscience.A former EC Arun Goel who too was appointed to this office in record span of two three days put in his papers in very doubtful and mysterious circumstances. Damini Nath’s investigative story dug out the truth of lack of coordination and cooperation among the incumbent ECI’s three pillars revealing that EC Sukhbir Singh Sandhu’ s nod on SIR decision was taken on WhatsApp, whose note on record did come to the fore.
Above all, the decisions of the election petitions in High Courts and Apex Court hang fire inordinately? There should be some viable mechanism evolved so that decisions are expedited in these courts to one year span up to the maximum so that aggrieved petitioners get natural justice promptly. The track record bears testimony to the fact most of poll petitions do not see judgment even in five years time and with term of either the Assembly or Lok Sabha expiring after its stipulated span of five years. The petitions thus lingering and ending in nothing but certainly reflecting the very flip-flop futility of the legal system in place.
By-election is also an area which needs certain riders. In case of some elected legislator in Lok Sabha or State Assembly vacating a seat because of death or some physical disability or handicap is justified. In District Sangrur there has been a funny and non-serious instance when an MLA quit his seat owing to his business engagements. In such like cases that fellow should be asked to foot the entire fiscal liability of the by-poll, why should the state treasury bear this undue money burden for no fault of its own?
One Nation One Poll theme is also not at all feasible and practicable in our nation’s democratic system which ought to be discouraged and resisted tooth and nail. There should be flexibility and openness in nation’s polity as hard and fast policies do not serve any worthwhile purpose.
All in all, the opposition must tap its intellect, rationale and prudence to outsmart the NDA government bent upon subverting and eroding the organs of the state in a phased manner to establish its monopoly and supremacy throwing to winds “the nation above everything spirit” with impunity. The two N crutches-Nara Chandrababu Naidu and Nitish Kumar of third N-Narendra Modi so far prefer to be silent, deaf and dumb spectators to the deteriorating and declining scenario of India on all fronts only interested in “You scratch my back, I scratch your back “overlooking the stark reality that if nation fails and falls they both too would not be able to absolve themselves of the onus and blame for untoward development if any !
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Contributed by :Prof PK Sharma Freelance Journalist Associate Professor of English,(Retired),
Pom Anm Nest,BARNALA(Punjab).e-mail : [email protected] Mobile: 94170-02504