Keeping Pace with Legal Change
The paper investigates the Special Intensive Revision of electoral rolls of the State of Bihar and its constitutional provisions of the Constitution of India and the Representation of the People Act 1950. It details major specifications such as house-to-house checks, paper-based requests, even the debate of its timing, disenfranchisement it may cause to the disadvantaged communities.
The article is an analysis of the PUCL Supreme Court case concerning a challenge filed against Electorship roll revision by ECI in Bihar. It looks at questions of the rushed procedure, paperwork limitation, and possible disenfranchisement of the vulnerable populations. The article brings out the legal framework and also the vital role played by the Supreme Court in balancing between electoral integrity and electoral laws with the general rights of the democracies.
The Supreme Court’s verdict on Rofiqul Hoque’s citizenship case clarifies the burden of proof under Section 9 of the Foreigners Act, 1946. The Court ruled that authorities cannot arbitrarily label individuals as foreigners without primary evidence, emphasizing natural justice and the principle of audi alteram partem. Hoque, initially declared a foreigner by Assam’s Foreigners Tribunal due to documentary discrepancies, had his citizenship restored. The decision critiques random suspicions and reinforces procedural fairness, impacting citizenship disputes amid Assam’s NRC exercise. It alleviates concerns over minor errors in documentation.
