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LAFC Forms Ex-Judges Commission to Probe Constitutional Validity of Voter Roll Revision
In a significant development that underscores growing concerns over electoral integrity, the has constituted an independent commission of five former and High Court judges to examine the , methodology, and impact of the ’s Special Intensive Revision (SIR) of electoral rolls. The commission, chaired by former judge Justice Madan B Lokur, will hold public hearings across the country and aims to release its final report by .
The formation of this panel comes amid nationwide protests and ongoing debates over the SIR exercise, which has reportedly resulted in the deletion of approximately 13 crore names from draft electoral rolls across 30 states and Union Territories. The LAFC stated that the commission was established in response to “concerns raised by citizens over the design, implementation and consequences of the SIR exercise undertaken by the ECI.”
Composition and Mandate of the Commission
The five-member bench includes former judge Justice Madan B Lokur as chairperson, along with former judge Justice AK Patnaik, former Chief Justice Badar Durrez Ahmad, former judge Justice Rekha Sharma, and former judge Justice Anjana Prakash. The LAFC emphasised that the commission “will function with complete autonomy to examine the constitutional and , methodology and overall impact of the SIR exercise on eligible voters.”
Neither the sponsoring organisation nor any supporting committees will influence the judges’ substantive decisions, conclusions, or recommendations. This independence is crucial given the politically sensitive nature of electoral roll revisions, which have been accused of disenfranchising eligible voters, particularly those from marginalised communities.
Scope of Inquiry and Methodology
The commission’s inquiry will focus on whether the SIR exercise ensured that every eligible citizen remained on the electoral rolls while ineligible entries were appropriately excluded. To achieve this, the panel will examine:
- The constitutional and statutory basis of the SIR exercise.
- The methodology used for revising electoral rolls, including verification procedures.
- The overall impact of the exercise on eligible voters.
- Relevant legislation, notifications, and verification processes to assess compliance with constitutional safeguards.
A dedicated Research Wing will collate and analyse data on additions and deletions from electoral rolls across the country. The findings will be placed before the commission to inform its conclusions. Additionally, a Legal Support Team comprising senior advocates — including , , , , , , , and — will provide strategic legal advice.
Public Hearings and Field Research
To ensure grassroots input, the commission plans to conduct public hearings across the country through full and regional benches. These hearings will travel to different locations to record testimonies from affected citizens, civil society groups, and experts. The LAFC noted that the commission will also undertake field research to gather firsthand evidence of the SIR’s implementation.
This approach mirrors the practice of law commissions and human rights bodies, allowing the panel to hear directly from those allegedly disenfranchised. The scope of the public hearings is expected to cover both urban and rural areas, with a focus on localities where deletion rates have been highest.
Context: Protests and ECI’s Corrective Measures
The commission’s formation coincides with protests in Delhi and Mumbai on , where political parties and civil society groups demanded greater transparency and accountability in the electoral roll revision process. In Delhi, AAP leaders and workers were detained while protesting at Jantar Mantar, and a similar demonstration occurred at Shivaji Park in Mumbai, organised by the Cockroach Janta Party, which demanded the resignation of Chief Election Commissioner Gyanesh Kumar.
Meanwhile, the Election Commission itself has taken steps to address . It directed 20 states and Union Territories where the SIR had concluded to undertake a “special drive” to enrol eligible voters left out of the rolls. Booth Level Officers (BLOs) have been asked to compare pre- and post-SIR lists, conduct house-to-house verification, and collect Form 6 applications on the spot from genuine left-out electors. The ECI also withdrew an additional SIR-related declaration attached to Form 6 in states where the revision has been completed, though the declaration remains applicable in states where SIR is still ongoing.
These measures, however, have not quelled concerns about the methodology and legal basis of the SIR. Reports have indicated that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi recorded objections on 14 occasions over 10 months to decisions taken in the Commission’s name without their knowledge, including changes to Form 6 and centralisation of control over ECINet, the software used for electoral roll preparation.
Broader Implications for Electoral Law and Practice
The independent commission’s inquiry raises fundamental questions about the balance between and the . The SIR exercise, intended to remove duplicate and ineligible entries, has been criticised for lacking sufficient safeguards against . The commission’s report, expected by , could potentially influence future electoral roll management practices and even prompt legislative scrutiny.
Legal professionals will be particularly interested in the commission’s analysis of the of the SIR under , which vests the superintendence, direction, and control of elections in the Election Commission. The commission’s findings could also affect pending litigation in various High Courts challenging the deletions.
Moreover, the involvement of senior advocates from diverse political backgrounds suggests that the commission seeks broad credibility. However, the LAFC has made clear that the judges retain sole responsibility for findings, insulating the panel from perceptions of bias.
Conclusion
As the SIR dispute unfolds on parallel tracks — public protests and an independent judicial inquiry — the legal community awaits a rigorous examination of the process that has affected millions of voters. The LAFC-backed commission, with its promise of autonomy, public hearings, and data-driven analysis, offers a potentially transformative intervention in the ongoing debate over electoral integrity in India. The landmark report, due in two years, may well set new benchmarks for how electoral roll revisions are conducted and scrutinised in the future.
