SIR process unconstitutional, violates electoral laws: S.Y. Quraishi

Senior advocate Prashant Bhushan flagged the use of the “logical discrepancy” category in West Bengal as a tool to enable arbitrary exclusions

Ex-CEC S.Y. Quraishi is among the signatories
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NH Political Bureau

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Former Chief Election Commissioner S.Y. Quraishi on Friday termed the ongoing Special Intensive Revision (SIR) of electoral rolls “unconstitutional” and alleged that it amounts to a “conspiracy against the people.”

Addressing a seminar titled “Selecting the Electors: Mockery of Democracy”, organised by the human rights group Janhastakshep at the Press Club of India, Quraishi underscored that inclusion in the electoral roll and the right to vote are not acts of state benevolence but fundamental constitutional entitlements.

“Having one’s name on the voter list is not a favour or charity extended by the government or the Election Commission; it is a constitutional right,” he said.

Quraishi criticised the SIR exercise as opaque and exclusionary, alleging that it is being used to harass citizens. Referring to Article 326 of the Constitution of India, he said the constitutional vision was rooted in universal inclusion, whereas the current process treats voter registration as discretionary.

Pointing to alleged irregularities in West Bengal’s electoral rolls, he suggested that either previous rolls be retained or those facing objections be allowed to vote until their cases are resolved.

Senior Supreme Court advocate Prashant Bhushan also raised concerns, arguing that millions are being deprived of their voting rights. He flagged the use of the “logical discrepancy” category in West Bengal as a tool that could enable arbitrary exclusions.

Social activist and IFTU president Dr. Aparna drew historical parallels, noting that early electoral systems in England and colonial India restricted voting rights based on property and gender. She argued that the present process risks reintroducing a “limited franchise” in practice, disproportionately affecting migrant workers, particularly women.

Aparna further alleged that even pre-2003 electoral rolls in West Bengal are being scrutinised under the “logical discrepancy” category. She claimed that deletions from voter lists disproportionately impact marginalised communities, especially migrant workers across multiple states.

Referring to data from border districts in West Bengal, she alleged that a significant proportion of deleted names belong to the Muslim community, while similar patterns were visible in urban constituencies of Kolkata. She added that progressive groups are demanding that elections be conducted using older voter rolls.

Sangeeta Barua, president of the Press Club of India, said that tribunals in West Bengal resemble “foreigners’ tribunals,” drawing a comparison with the National Register of Citizens process in Assam, where around 1.9 million people were excluded from the final list. She argued that the SIR exercise raises broader questions about citizenship.

Speakers at the seminar also linked the SIR exercise to larger political developments such as delimitation and the proposed One Nation, One Election, alleging that these moves could reshape the electoral landscape in favour of the ruling party.