·The Hindu·15 marks·250–350 words

Repeatedly questioning electoral institutions after defeat weakens democratic legitimacy. Comment.

In this answer
  1. How reflexive questioning weakens legitimacy
  2. Why scrutiny is not always delegitimising

Democratic legitimacy rests on losers' consent: the losing side accepts the result because the process was fair. Under Article 324, the Election Commission (EC) superintends, directs and controls elections, including the electoral rolls [2]. Reflexive attacks on the EC after every defeat do erode legitimacy. Scrutiny backed by evidence, however, strengthens it.

How reflexive questioning weakens legitimacy

  • Erodes losers' consent: blame has moved from EVMs to the Chief Election Commissioner after successive losses. This signals that no adverse outcome is acceptable and weakens the mandate of elected governments.
  • Ignores settled adjudication: in ADR v. ECI (2026 INSC 564), the Supreme Court upheld Bihar's Special Intensive Revision (SIR). It found a legal basis in Section 21(3), RP Act 1950 read with Article 324, and a "rational nexus" to an accurate roll [1]. Calling the exercise illegal is no longer tenable.
  • Personalises institutions: targeting individual commissioners weakens a constitutional body. Every future election suffers, whoever wins.
  • Breeds voter cynicism: telling voters the system is rigged may keep them from voting, which undermines the adult franchise under Article 326.

Why scrutiny is not always delegitimising

  • Safeguards came from challenge: petitions against the SIR led the Court to accept Aadhaar as the 12th document (order of 8 September 2025) [1]. This was vital for poor and migrant voters.
  • Individual rights remain open: the EC may form only a prima facie view on citizenship. Deletions on that ground must be referred to the Competent Authority under the Citizenship Act, 1955, and voters wrongly deleted can seek judicial review [1].
  • Scale justifies vigilance: this was Bihar's first intensive revision since 2003 [3], and the final roll stood at about 7.42 crore electors [2]. Changes of that scale merit public questions about exclusion.

The statement therefore holds largely for reflexive, outcome-driven attacks but not for scrutiny through courts and Parliament. The way forward is institutions that people can check. The EC should publish reasons for each deletion and build Aadhaar-type safeguards into every future SIR from day one. Citizenship referrals should be decided before the next election, as the Court urged [1]. Parties, in turn, should take their doubts to legal forums. This mutual restraint serves the EC's motto, "no eligible voter to be left out, and no ineligible person to be included" [2], and upholds the constitutional promise of free and fair elections.

Sources

  1. 1Association for Democratic Reforms v. Election Commission of India, 2026 INSC 564, Supreme Court of India (hosted by ECI): SIR upheld under Section 21(3) RP Act 1950 read with Article 324; rational nexus; Aadhaar as 12th document; limited citizenship enquiry, referral to Competent Authority and judicial review
  2. 2PIB: Special Intensive Revision (SIR) of Electoral Rolls in Bihar Successfully Completed: Article 324 basis; final roll of about 7.42 crore electors; EC's SIR motto
  3. 3PIB: ECI to begin Special Intensive Revision of Electoral Rolls in Bihar: first intensive revision in Bihar since 2003

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