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In an interview with India Today, former Chief Election Commissioner Dr. S.Y. Quraishi addressed concerns surrounding the Special Intensive Revision (SIR) exercise, voter deletions, and the setting up of tribunals to handle millions of pending voter claims across states like Delhi and West Bengal. Dr. Quraishi highlighted that disenfranchising citizens for procedural issues violates fundamental constitutional guarantees, remarking, "They have put the country into chaos, and somebody should be answerable for it." He argued against burdening the judiciary with routine executive responsibilities such as maintaining electoral rolls. Dr. Quraishi urged the Election Commission of India to submit an affidavit to the Supreme Court guaranteeing that eligible citizens are not excluded from voter lists.
Transcript
00:00All right, Beers, you know, one thing that needs to be done is that if you are reading the SIR
00:06that is taking place in Delhi in complete isolation of what really happened in Bengal, you can't do so.
00:12And, you know, for a larger understanding of that, I want to bring in Dr. S.Y. Qureshi, former CEC.
00:18Dr. Qureshi, thank you for taking the time out and joining us this evening, sir.
00:22My first question, of course, stems from the fact that nearly 30 percent of the Delhi population has been left
00:27out of the SIR exercise.
00:29Noticers have gone to many prominent personalities.
00:32But one needs to read this in context of what has happened in Bengal in court, where what the EC
00:38has submitted, sir, is 38 lakhs more plending applications that they need to go through.
00:45And at that rate, the court itself commented it will take at least 13 years for the Election Commission to
00:53actually look into those applications.
00:55Already, these people have lost out their franchise in one election.
00:59And that would mean at least two more elections if you go by the current number of tribunals.
01:04And, sir, if you look and reflect on the number of cases that the EC has actually looked into, 91
01:11percent of the cases are legitimate and have cleared the SIR test.
01:18Yes. You know, 13 years, we have been hearing 21 years, but 13 years is as bad.
01:23And just now I heard from you that Election Commission is planning to increase the number of tribunals from 19
01:32to 41, which will be double.
01:33So that means from 12 years, it will still be six, seven years, which means one more election will be
01:39lost.
01:40So this is not a very happy situation.
02:06Because there was an attempt, you know, Dr. Qureshi, especially at the back of what's happening in Delhi.
02:12You know, one can read it on the surface and say, oh, prominent personalities are also getting notices.
02:17What about the common man?
02:19It's not so much about the prominent personalities.
02:21In West Bengal, there was an attempt to portray it as a picture of possibly Muslim voters losing their franchise
02:27and right to vote.
02:28Till a limit, it can be correct.
02:30But ultimately, it is about their right to vote and their right to franchise.
02:35And that is in itself being stalled, where the onus of proving yourself as a voter in this country is
02:41on you now, not the Election Commission anymore.
02:44Yes, exactly.
02:45In fact, West Bengal was a very special case because it was going to the poll.
02:49And the whole idea was to defeat their incumbent government there.
02:54The whole purpose seemed to be that, which has been achieved.
02:58But because I read somewhere 45,000, sorry, 45 constituencies had more deletions than 40,000, 50,000, which was
03:07more than winning margin of 4,000, 5,000, 10,000.
03:10So, obviously, that would have changed the results.
03:14And to say that you wait for, we have been advised that we wait for, if you can't vote now,
03:20we vote in the next election.
03:21And now, after hearing you, if you can't vote even in the next election, wait for another election.
03:27It's so easy.
03:29It's a walk.
03:30And who will advise?
03:31Dr. Qureshi, for once, let's even not speak of where that, you know, those voters that are still pending in
03:37terms of appeals and applications, 38 lakh of them in the state of West Bengal, on what, you know, where
03:44they would have voted, whether they would have changed the course of election.
03:46Because the EC has also mapped it down to district-wise district in terms of where the maximum appeals are
03:52coming from and what the voting margin is.
03:54Let's say that does not reflect in the results.
03:58But ultimately, it is the right to vote of an individual that would be stalled now, if not for one
04:04election, which has already happened, at least two more elections, if they haven't increased the number or if the EC
04:10doesn't increase the number of tribunals from 19 to 42.
04:13Which in itself is a task, Dr. Qureshi, because the EC earlier on in court has submitted that they don't
04:20really have the kind of judges and staff to go ahead and establish 42, you know, tribunals such as this.
04:28And from West Bengal, now you're moving into other states.
04:32You're moving into the state of Delhi, where a similar fate can happen.
04:35Then you're going into election-bound states coming next year.
04:38You have Uttar Pradesh, Punjab going into elections, which will throw similar results.
04:42Yes.
04:43You know, the concept of a tribunal for this kind of thing, we have never come across in the last
04:4875 years.
04:50And in Bengal, 19 tribunals have been set up.
04:54And even the court has advised that if your name is not there, you can go to the tribunal.
04:59As if going to the tribunal is just walking in the park.
05:03Now, look at the poor people.
05:04Every case in the tribunal is a court case.
05:08And to fight a court case, you need a lawyer.
05:10And so many court cases, about 30 lakh court cases get added only in one state.
05:18Imagine in the entire country, a crore or two crores will be almost half the pendency of the various courts.
05:26And in any case, involving the judiciary in very executive kind of a work, which electoral role is, is also
05:33not very fair to the judiciary.
05:35So, which means if an executive cannot do its work, we are the judiciary to do it.
05:40If the traffic is not operating properly, will we send up a session judge to operate the traffic?
05:47We'll have to, we must force the authority concern to do their job properly.
05:53So, now in the whole country, there will be tribunals.
05:57Every retired judge now will get an employment to that extent.
06:01They may be happy.
06:02The lawyers who are fighting these cases, they must be very happy.
06:06So, they are happy.
06:08But the people whose name has been deleted, who could not vote, will not be able to vote in the
06:13next two elections.
06:14What about them?
06:16Nobody cares.
06:17Dr. Qureshi, one quick question, sir, before we let you go.
06:19Because there are now impending states that are coming up for election.
06:23Of course, Delhi is not up for elections.
06:25It will only vote first in the general elections in 2019.
06:29And then Delhi goes to vote the following year.
06:32But what about states like Punjab, states like Uttar Pradesh?
06:37Yes.
06:38Correct.
06:38In fact, I mean, Delhi, if it is happening and the election is two years away,
06:44at least there is an opportunity to clean up the process without causing irreparable damage.
06:55But what was done in Bihar just before the election?
06:58What was done in Bengal?
06:59Same thing will happen in Bengal and UP because they are just around the corner.
07:05So, the process, two crores of votes were deleted in UP.
07:11Are there genuine elimination?
07:14Was there genuine deletion?
07:16And I've been asking a very simple, innocent question.
07:19The idea of purity of vote is extremely genuine.
07:23It's a constitutional mandate.
07:25All election commissions in the 75 years have been doing it in their own way,
07:30not in the bright way with the present dispensation is doing.
07:33Let them now give a certificate and affidavit in the Supreme Court and an assurance to the public
07:39that now that we have purified the rules in UP, Bihar, Bengal, Delhi, the other places,
07:48not one ineligible person will be found in the rule and not one eligible person will be deleted.
07:55And for which, if that happens, somebody will be criminally liable.
08:00Let them give a certificate and this kind of assurance.
08:03Now we should be sure of the purity of our electoral roll,
08:07in which previous election commissions failed successively for the last 75 years.
08:13Fair point, sir.
08:14Thank you, Dr. Qureshi, for joining us and giving us your perspective this evening.
08:17Appreciate your time.
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