Citizens’ report casts doubt on autonomy of Election Commission of India

It flags concerns about significant exclusion of migrant workers from electoral rolls

A report by a citizens’ group on Monday flagged concerns about “significant exclusions” of vulnerable sections of society from the electoral rolls, increasing criminalisation of politics and the autonomy of the Election Commission of India.

The report, the second one by the Citizens’ Commission on Elections that was started last year and is chaired by retired Supreme Court judge Justice Madan B. Lokur, looked at the question of whether elections in India are “free and fair”.

The report said vulnerable and disadvantaged groups, including circular migrants, urban homeless, transpeople, sex workers and persons with disabilities, had been excluded from the electoral rolls in many places.

“There is no doubt that many names do not figure in the electoral rolls, whether through mischief or oversight: minority communities, the homeless and the disadvantaged, the aged, etc. The modalities for ensuring that these names are included need to be clearly spelt out. It is obvious that the electoral rolls registration machinery has been found wanting in carrying out a door- to-door enrolment campaign,” the report said.

The report also raised concerns about the increasing criminalisation of politics and the use of money power, including the use of electoral bonds to fund parties.

“The fast-rising economic oligarchy in the country, threatening India as a welfare state, is the direct fallout of this extreme money power in elections,” the report said.

The report said the Election Commission of India was not using its “plenipotentiary powers” under Article 324 of the Constitution.

“But ECI is just not using these powers, because ECs [Election Commissioners] are the appointees of the Government of the day and not through an independent process of collegium,” the report said, adding that there were doubts about the neutrality of the ECs.

Speaking at a virtual press conference, Wajahat Habibullah, former of the National Commission for Minorities and vice-chair of the CCE, said earlier Election Commissioners, and the Chief Election Commissioner, would “meet us”, but now there was an “air of closed doors” around the government.

Among those who contributed to the report were Anjali Bhardwaj, Jagdeep Chhokar and Paranjay Guha Thakurta.