Ex-SC Judge Justice Nariman Flags Voter Deletions & CEC Selection Row

Former Supreme Court judge Justice Rohinton Fali Nariman has voiced deep concerns regarding the health of Indian democracy, warning that the republic faces grave institutional peril due to the unlawful disenfranchisement of citizens from electoral rolls and government-dominated appointments to the Election Commission of India. Speaking at Rajkumar College in Rajkot on the theme of "The Constitution and the Common Man," Justice Nariman highlighted that the right to vote forms the foundational bedrock of constitutional governance. He cautioned that when regulatory machineries act arbitrarily to strip legitimate citizens of their franchise, the institutional integrity of democratic mandates is compromised.

The Bengal Electoral Roll Disenfranchisement: Overwhelming Relief in Appeals

Citing specific instances of mass voter removals during the West Bengal elections, Justice Nariman pointed to figures where roughly nine million voters found themselves disenfranchised. He noted that out of the affected population, nearly 2.2 million citizens mounted formal legal appeals, while millions of others were unable to challenge the deletions due to poverty or lack of legal access. Significantly, around 93% of the first 100,000 processed appeals were ruled in favor of the citizens, reinstating their names. Justice Nariman noted that such massive rectification rates indicate that the initial exclusions were largely unlawful, subjecting everyday citizens to administrative harassment while altering electoral balances.

Controversy Around Election Commissioner Appointments and Pending Five-Judge Bench

Justice Nariman flagged the existing mechanism for appointing Election Commissioners as the primary structural threat facing the Constitution and the common voter today. Underlining the legal dispute surrounding the exclusion of the Chief Justice of India from the selection panel, he observed that a split verdict between two judges has resulted in the issue being placed before a larger, likely five-judge Constitution Bench. He stressed that leaving high-level electoral appointments entirely in the hands of the ruling executive undermines public trust in the neutrality of the Election Commission, especially when the Supreme Court is currently seized of petitions questioning unilateral administrative decisions and seeking accountability at the helm of the poll body.

Call for Independent Selection: Restoring the CJI in the Appointment Panel

Expressing faith in judicial oversight, the veteran jurist urged the Supreme Court to step in and institutionalize a balanced appointment mechanism. Justice Nariman stated that the selection panel must comprise the Prime Minister, the Leader of the Opposition, and the Chief Justice of India (or a designated judicial nominee) to curate a consensus-driven shortlist. Such independent checks, he argued, are indispensable to insulate the Election Commission from political pressures and guarantee that the will of the electorate is accurately reflected at the ballot box.