Special Intensive Review (SIR) – Whether a Tool for Election Intimidation of ECI

Abstract

Special Intensive Review (SIR) undertaken by the Election Commission of India (ECI) during the assembly elections for 5 states (Assam, Bihar, West Bengal, Kerala and Tamil Nadu) has given rise to huge hue and cry in many of the states. In West Bengal the issue has become a field of war between the government led by the Trinamool Congress Party (TMC) and the ECI. Other political parties like Communist Party of India (Marxist) (CPM), Indian National Congress (INC) have also raised their voices against the survey as a tool of election intimidation. Election debacle exposed TMC to an abysmal hollowness and the leadership tried to transfer the incidence of the defeat on the shoulder of the ECI alleging biasness in the survey and also reiterating need of impeachment of the Chief Election Commissioner (CEC) for his alleged inclination towards the Bharatiya Janata Party (BJP) which has been portrayed as a fascist and communal political party dedicated for promoting India as a “Hindu State”. The article deals with various aspect of SIR and its constitutionality, procedures of survey, impact on elections and citizenship with reference to latest assembly elections in West Bengal. Role of EC has also been discussed and impact of SIR on the political parties of West Bengal has also been highlighted. A cursory glance has been reflected on the citizenship aspect and issue of infiltration of refugees from neighbouring states also as it became the sore point of the opponent political parties who were fathoming shrinkage of their vote bank, if any, due to huge deletions on account of such a detailed survey never done earlier. Important question arose whether the ECI have the constitutional authority to undertake such survey under Art 324 of the Constitution. ECI is a stake holder for conduct and management of the election process.