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Showing posts with the label Voter Rights

Supreme Court Holds ECI Not at Fault for Statewide SIR in Bihar: Legal Context, Arguments, and Constitutional Framework

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Introduction: ECI Not at Fault if SIR Aim Same Across Bihar Seats The Supreme Court has clarified that the Election Commission of India (ECI) cannot be blamed for conducting a Special Intensive Revision (SIR) across the entire state of Bihar if the reasons for initiating the exercise are uniform across all constituencies . This observation came while hearing multiple petitions questioning the legality and constitutionality of the SIR process being implemented in Bihar. Understanding the SIR Exercise: Not a Routine Revision The bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi noted that this is not a routine annual updation of electoral rolls , but a special revision permitted under the Representation of the People Act, 1950 (ROPA). The Court stated that any process conducted by the ECI that is fair and transparent cannot be interfered with unless it is shown that the ECI lacks the legal authority to do so. Petitioners' Key Argument: SIR as an Unconst...

Maharashtra Leader Faces FIR After Demonstrating Fake Aadhaar in Donald Trump’s Name: Legal and Constitutional Dimensions

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Introduction: A Political Demonstration Turns Legal A political controversy unfolded in Maharashtra after Nationalist Congress Party (Sharad Pawar faction) leader Rohit Pawar publicly demonstrated how fake Aadhaar cards could allegedly be generated online. During an October 16 briefing, Pawar showcased a fabricated Aadhaar card in the name of former U.S. President Donald Trump to highlight what he termed “rampant identity fraud” and misuse in voter registration processes. However, what began as a political demonstration quickly turned into a legal matter when BJP social media cell co-convener Dhananjay Wagaskar filed a complaint alleging that the video misled the public and spread false and inflammatory claims. The FIR and Criminal Allegations Following the complaint, Mumbai Cyber Police registered a First Information Report (FIR) against two unidentified individuals under various sections of the Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act, 2000 . The ...

SC Issues Notice to Centre, Election Commission on Plea Seeking to Declare Freebies as Bribes

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SC Issues Notice to Centre, Election Commission on Plea  Seeking to Declare Freebies as Bribes In a significant legal development, the Supreme Court of India has issued notices to the Central Government and the Election Commission of India (ECI) on a petition seeking to declare pre-election promises of freebies as bribes  under the Representation of the People Act, 1951. This move brings renewed focus on the longstanding debate surrounding the practice of offering freebies by political parties in the run-up to elections. Petition Highlights Concerns Over Freebies The petition, filed by Shashank J Shreedhara , a Karnataka resident, urges the apex court to take action against political parties that promise freebies during election campaigns. The plea seeks a directive for the Election Commission to prohibit such practices, which the petitioner argues undermine the integrity of the electoral process by influencing voters with short-term personal benefits rather than focusing o...