A debate examines the legal controversy surrounding the Election Commission of India’s modification of Form 6 and the Special Intensive Revision process ahead of elections. Former Chief Justice of Meghalaya High Court, Justice Sanjiv Banerjee, argues that the Commission inverted constitutional principles under Articles 325 and 316 by placing the burden of proving franchise eligibility onto the voter rather than the state. Emphasizing that any voter disqualification must be rooted strictly in law, Justice Banerjee stated, ‘the Election Commission over here has gone about putting the ball in the citizen’s court, that you the citizen tell me why should you be entitled to vote.’ Furthermore, he noted that the Election Commission must demonstrate a written judicial order or judgment to validate claims of top court authorization for altering the form. Senior Advocate Sanjiv Sen highlighted that the electoral process must be seen as fair, elaborating on parliamentary impeachment requirements under Article 324(5) regarding the Chief Election Commissioner.
