Newsletter

Non-Violent Protests for Right to Vote and Independence of Election Commission of India Augurs Well for Democracy

S.N. Sahu

Prime Minister Modi while addressing the Bloomberg New Economy Forum on October 13  in Delhi spoke of India as the “mother of democracy.” It is indeed a tragic irony that while saying so he completely remained  insensitive to the massive deployment of police and paramilitary forces in the national capital and shutdown of internet to prevent students to exercise their constitutionally mandated fundamental right to protest demanding resignation of Chief Election Commissioner Gyanesh Kumar who while implementing SIR disenfranchised millions of voters. While taking pride that in India “…people openly debate different issues, and citizens discuss diverse viewpoints” Modi  remarked, “In the present era”, he said, “one factor that has played a major role in enabling this is digital power.” Such observations sound hollow in the context of the deliberate disruption of mobile internet connectivity to stifle freedom of speech and expression so that the right to protest is foiled.

Not a Word Against Disenfranchisement

Such pompous reflections on democracy on the part of Prime Minister Modi are of little value in the context of country wide convulsions on account of the implementation of the  Special Intensive Revision (SIR) and the resultant mass scale removal  of approximately of 20 crore people from the voter list  in twenty one States. It is rather stunning that Modi has not uttered a word against disfranchisement of vast masses of people in India which commanded worldwide acclaim for introducing universal adult franchise, in face of all odds, right since the Constitution came into force on 26th January 1950.

“That is How Voter Lists Are Prepared”

The flawed and opaque manner of preparation of voter list under SIR leading to erasure of millions of voters remind Mahatma Gandhi’s sarcastic statement of September 17, 1931 in the Federal Structure Committee in the Round Table Conference in London that he knew how voters’ list was prepared in Durban in 1896.  He recalled that his name got registered in the voter list in 1896 even though he never took the initiative to enrol himself as a voter.  Gandhi while emphasising  the significance of adult suffrage for everyone regardless of gender, religion, caste, or economic status revealed in that Round Table Conference  that the person who informed him  about his name figuring as  voter actually sought his  vote and so he remarked,  “…since then, I have known that is how voters’ lists are prepared.”

Indian Express Expose

Fast forward to 2026. Ritika Chopra’s rigorous investigative journalism exposed in Indian Express the egregious violations of Constitution and law by Chief Election Commissioner Gyanesh Kumar in implementing SIR which struck of millions and millions of names from the voter list.

Vast numbers of people deprived of their voting rights mandated by the Constitution constitutes a fatal attack paralysing their capacity to elect their representatives, form the Government of their choice and hold it  to account.

Right to Vote and Satyagraha  

Ninety-five years on June 18, 1931, Gandhi wrote in Young India that “One form of direct action is adult suffrage. The second and more potent form is Satyagraha.” He located the import of adult suffrage as an aspect of Poorna Swaraj, complete independence, and insightfully remarked that it empowers people to exercise their right to vote for “directly acting upon the powers that be.” So, striking off the names of crores voters from the electoral roll following the implementation of SIR and adding lakhs without following procedure have tragically resulted in smashing the ability of the people to engage in direct action upon the powers that be. It is because the right to vote is taken away from millions of people there is outrage across the country and so people, opposition parties and youth of India are now opting for Satyagraha,  which in the words of   Gandhi constituted a “more potent” for direct action upon those vested with power.

Massive Protests Since Gandhi Jayanti

Massive protests have been taking place across the country right since  2nd October this year, Mahatma Gandhi’s birth anniversary,  against the manipulations of electoral roll by Chief Election Commissioner  Gyanesh Kumar and deprivation of voting rights to teeming millions. It has brought to light deep resentment of people and their outrage against Gyanesh Kumar whose resignation as Chief Election Commissioner is being demanded.  They are strenuously exerting themselves to defend the precious right to vote and independence of the Election Commission of India.  

Recently  Justice Ujjwal Bhuyan famously said in his speech at NALSAR, Hyderabad, that implementation of  universal adult suffrage represented “…. an act of faith for our founding fathers in the common man of India and in his pragmatism and wisdom.” “It was,” he thoughtfully remarked, “the first step taken to achieve equality in India.”

The  striking off the names of voters combined with the  ECI unilaterally  controlling the software to enrol and delete voters disregarding the  statutes mandating  Electoral Registration officers of States to do so has bewildered people and Gandhi’s 1896 sarcastic statement “that is how voters’ lists are prepared,” is playing out in the minds of protestors struggling to restore the  independence of the Election Commission of India and salvage the architecture of universal adult franchise.

The massive march for democracy rally in New Delhi organised by INDIA block opposition parties on October 10 this year under the leadership of Leader of Opposition in Lok Sabha, Rahul Gandhi, underlined the necessity of continued agitation to save India’s democracy and the right to vote of the people.

“People should continue with the protests as the country cannot be saved in a day or two,” said Rahul Fandhi. He asked Gyanesh Kumar to resign, turn approver because he believed that Gyanesh only made a  mistake somebody body else’s  mind is there behind the  mistake.” Continuing further, he asserted that the agitation  would be carried forward till the time when  the Election Commission’s leadership is not changed, the Constitution is upheld and the electoral system is overhauled.

Public Impeachment of CEC

 Meanwhile the INDIA alliance opposition parties are going ahead with  the public impeachment of Chief Election Commissioner Kumar at the residence of Congress President Mallikarjun Kharge after Delhi police refused permission to organise that event in Ashoka Hotel in Delhi.

Such public impeachment of CEC Gyanesh Kumar is first of kind in the annals of the Election Commission of India which had a stellar record of conducting elections right since the first general elections held in independent India during late 1951 and early 1952. That time the first Election Commissioner Sukumar Sen did a heroic job in preparing the electoral roll of the whole country and conducting the first general elections.

Legacy of First Election Commissioner Sukumar Sen

While inaugurating the  the golden jubilee celebrations of the Election Commission of India on January 17, 2001, then President of India K R Narayanan said, “It is  an institution that has withstood the storms of our political life and also got a reputation for its efficiency and impartiality in the world.” Flagging its formidable reputation in preparing voter lists and conducting polls in the very challenging circumstances during the formative stage of our Republic he said, “Early in its career it was responsible for organizing elections not only in India but abroad.” “The first Election Commissioner Shri Sukumar Sen,” he said with a sense of great pride, “was the Election Commissioner of India as well as of the Sudan for one year.”

Twenty five years after those words uttered by President Narayanan in praise of the first Election Commissioner of India, there is now countrywide outrage against Chief Election Commissioner Gyanesh Kumar for his acts of commission and omission in implementing SIR, leading to mass scale disenfranchisement and manipulation of voter roll.

Save Vote, Save Country

That is the reason why INDIA alliance parties are continuing with the agitation and planning to organise a mega  rally at Ramlila Ground of Delhi on November 1, 2026 with a clarion call, “Vote Bachao, Desh Bachao,”  (Save Vote, Save the Country).

A leader of the INDIA alliance Sanjay Dutt belonging to the Congress party said, 'The right to vote is the foundation of democracy. Protecting every citizen's vote is equivalent to safeguarding the Constitution and the people's mandate”.

The Chamber of Trade and Industry on Saturday Brijesh Goyal wrote to Rahul Gandhi, urging him to postpone the rally on the ground that barricades and other restrictions imposed caused enormous losses to the traders. Rahul Gandhi responded by urging traders to impress upon Prime Minister Modi to ensure resignation of Gyanesh Kumar. He went on to claim if the traders could secure the resignation of Kumar the protests would be called off in thirty seconds.

Counter Rally by BJP

Even on October 28, the BJP president Nitin Nabin launched a march to denounce the opposition’s campaign and very interestingly the barricades and other restrictive clampdowns imposed by police to foil student and opposition rallies were conspicuously absent when Nabil led the march to counter INDIA alliance agitation.  

SC’s Observations

In the meanwhile  the a bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana Supreme Court while hearing the pleas on a petition of Anjali Bhardwaj Anjali Bharadwaj and Amrita Johri over the various issues in the SIR exercise in Delhi, pointedly  asked   the Election Commission of India why it is insisting that a voter who is already in  the electoral roll should have to fill Form 6 to seek inclusion in the SIR generated draft roll simply because the Election Commission of India (ECI) official could not reach them during special intensive revision (SIR).

It made a significant observation that  right to vote was a “vital right” and so a voter could not be lose that right merely because ECI could not update their electoral details during the SIR.

Such observations in court room stand in sharp contrast to the remark of Justice Joymalya Bagchi  of the supreme court who had nonchalantly remarked that  if 2.7 million voters in West Bengal would not  be able vote in Bengal Assembly  elections held in end of April this year  because their appeals for getting enrolled in the voter list were being adjudicated by judicial tribunals, then they would be able to vote in the next elections.   And when by elections were conducted recently for two Assembly constituencies and lawyers pleaded that those voters could not vote again in this  election cycle as well  he famously dismissed by saying “this is only by election.” One wonders how a judge could be so indifferent and insensitive to the constitutional right to vote guaranteed to all citizens from 18 years of age onwards.

In a departure from that kind of observations this time the aforementioned SC bench asked ECI to reach out to those who were excluded from the voter list and ensure their inclusion in the electoral roll.  

Anjali in her X post said, “The bench clearly stated that they have  not adjudicated  upon the legality of Logical Discrepancy category; it was not adjudicated upon in the Bihar SIR case and clarified that they had only allowed it as an interim measure for West Bengal.”

“The Court questioned why deleted voters (ASDD List) are being asked to fill Form 6 and make a false declaration that they are new voters, even though they were on the 2026 electoral roll.” “Court,” she wrote, “termed this a structural incongruity, which has to be addressed.” “Instead of filling Form 6, such people should be allowed to fill enumeration form or Form 8 for those who shifted,” she stated in her post.  Quoting the observations made in the court she posted that “⁠Details of 47 lakh people on the ASDD list must be easily accessible, in simple Hindi and in the local area at the booth or block level.”  “ECI must reach out to such people as many of them would be labourers, hawkers, daily wagers etc. - ⁠Deadline should be extended for filling of enumeration form or Form 8 as there are no elections scheduled to be held in Delhi,” she stated.  Additionally, the bench stated that Form 6 and & 7 are cast in stone and nothing can be altered in them; though in the SIR process, the ECI has residual powers to add to them by seeking declarations. 

Meanwhile the Cockroach Janata Party(CJP)  leader Abhijit Dipke has declared CJP’s support to November 1 rally of INDIA alliance parties.

Resilience of Non-Violent Protests

So far, the agitation for right to vote has been conducted peacefully and non-violently in spite of the fact that there was massive police crackdown inflicted on protesters and thousands were detained and leaders of CJP were asked by Executive Magistrate headed by a police officers to sign peace bond in sharp contrast to refusal of Neha Bora of All India Students Association not to do so for her resolve to wave national flag near Mandi House.

The peaceful and non-violent agitation in defence of right to vote in 2026 remind us of Mahatma Gandhi’s aforementioned utterances of 1931 that “One form of direct action is adult suffrage. The second and more potent form is Satyagraha.” So, when right to vote as form of direct action has been imperilled in India because of SIR,  people are in the streets preferring “the second and more potent form of Satyagraha.” Therefore, people are recurrently  protesting  and agitating  by exercising their  constitutionally guaranteed right to assemble  peacefully without arms and speak and express their views and opinion so that the Government can be questioned and held accountable. That is why the protests launched on Gandhi Jayanti on October 2 this year have become resilient and buoyant, enlisting vast masses of people. It offers a lesson that agitation anchored in non-violence endures and inspires.

Any measure restricting protest and criticism of the government indicates authoritarian behaviour of the political regime. In face of such restrictions the non-violent protests have been continuing in India in defence of the right to vote.

Steven Levitsky and Daniel Ziblatt in their book, “How Democracies Die,” published in 2018 flagged the point that protests when get rooted in non-violent method has a better chance of registering success. They observed, “Public protest is a basic right and an important activity in any democracy, but its aim should be the defense of rights and institutions, rather than their disruption. In an important study of the effects of black protest in the l960s, political scientist Omar Wasow found that black-led nonviolent protest fortified the national civil rights agenda in Washington and broadened public support for that agenda.”

Indeed, the protests in India are now peaceful and non-violent and aimed at defending the right to vote and restoring the independence and credibility of the Election Commission of India. Therefore, it augurs for saving democracy and the Constitution.