1) Exam Notes (5 bullets)
- ECI's Special Intensive Revision (SIR) process aimed at cleaning electoral rolls is facing criticism for potentially disenfranchising genuine voters across 12 states.
- The Supreme Court has intervened, issuing directions to ease the verification process in West Bengal due to flawed notices and errors stemming from outdated lists and software glitches.
- Anomalies have been observed in Bihar, Tamil Nadu, and West Bengal, including the disproportionate deletion of women electors and discrepancies between the number of votes cast and the final electoral roll.
- The ECI's insistence on wrongly removed electors registering as fresh electors (Form 6) hinders auditing the number of genuine voters wrongly removed.
- Discrepancies between State Election Commission and ECI data, as seen in Uttar Pradesh, raise concerns about the accuracy and reliability of the electoral rolls.
2) Why it matters for SLS Pune PI (1 bullet)
- SLS Pune emphasizes civic engagement and understanding of constitutional issues; this article highlights a critical challenge to the electoral process, a cornerstone of Indian democracy, demonstrating awareness of current legal and political debates.
3) PI Questions you may be asked (2-3)
Q1: What are your thoughts on the Supreme Court's intervention in the ECI's Special Intensive Revision (SIR) process?
Ideal Answer: I believe the Supreme Court's intervention was necessary to safeguard the rights of genuine voters. The reports of flawed notices and deletion anomalies suggest a systemic issue jeopardizing universal adult franchise. For example, the disproportionate deletion of women in Bihar highlights the potential for bias in the process. From a constitutional perspective, the Court is upholding its duty to protect fundamental rights.
Q2: How can the Election Commission of India (ECI) ensure a more accurate and inclusive electoral roll revision process?
Ideal Answer: The ECI should prioritize data validation using multiple sources beyond the 2002 list, invest in user-friendly software with robust error-checking mechanisms, and conduct thorough audits of deleted voters' lists. Transparency and public awareness campaigns are also crucial.
Q3: What is the significance of a clean and accurate electoral roll in a democracy?
Ideal Answer: A clean and accurate electoral roll is fundamental to free and fair elections, ensuring that every eligible citizen can exercise their right to vote and that the outcome reflects the true will of the people. Discrepancies can lead to disenfranchisement and erode public trust in the democratic process.
4) Optional 1-liner stance
- "My balanced view: While electoral roll revision is necessary, it must be conducted with utmost care and transparency to avoid disenfranchising genuine voters and undermining the democratic process."
Here's a breakdown of the article for SLS Pune PI preparation:
1) Exam Notes (5 bullets)
- The article discusses the attempted removal of Justice G.R. Swaminathan of the Madras High Court via an impeachment motion initiated by MPs.
- While the Constitution (Articles 124 & 217) outlines the removal process for judges, it uses the term "removal" instead of "impeachment" (reserved for the President).
- The Judges (Inquiry) Act, 1968, and associated rules detail the procedure, requiring a motion supported by a majority in both Houses of Parliament and a 2/3 majority of those present and voting.
- A judge can be removed on grounds of "proved misbehaviour or incapacity," with "misbehaviour" encompassing actions that dishonor the judiciary, such as corruption or abuse of office.
- A crucial aspect of the process is the Speaker/Chairman's power to admit or disallow the motion, effectively acting as a gatekeeper.
2) Why it matters for SLS Pune PI (1 bullet)
- This article highlights the delicate balance between judicial accountability and judicial independence, a key area of constitutional law and current affairs relevant to law school aspirants.
3) PI Questions you may be asked (2-3)
Q1: What are your views on the attempted impeachment of Justice G.R. Swaminathan?
Ideal Answer: Point: The attempted impeachment raises important questions about judicial accountability. Reason: While judges must be held accountable for misconduct, the impeachment process should not be used to stifle dissent or target judges for unpopular decisions. Example: The specific charges against Justice Swaminathan need careful scrutiny to determine if they meet the high threshold for impeachment. Perspective: Maintaining judicial independence is crucial for a functioning democracy, and the impeachment process should be reserved for cases of serious misconduct.
Q2: Do you think the Speaker/Chairman's power to admit or disallow an impeachment motion is a necessary safeguard or a potential loophole?
Ideal Answer: It presents both a safeguard against frivolous or politically motivated impeachment attempts and a potential loophole if the Speaker/Chairman acts with bias or obstructs legitimate inquiries.
Q3: How does the Indian process of judicial removal compare to that of other countries you may be aware of?
Ideal Answer: I am aware that the US system of impeachment is similar, but the threshold for conviction is lower. I believe that the Indian system is more stringent, reflecting a greater emphasis on judicial independence.
4) Optional 1-liner stance
- "My balanced view: Judicial accountability is essential, but the impeachment process must be used judiciously to protect judicial independence."