The additional Declaration Form (Annexure D), introduced by the Election Commission as part of Form 6 under the Special Intensive Revision (SIR) in Bihar, is proving controversial against the backdrop of the CEC overriding Election Commissioners in key decisions. Many voters may understandably find it difficult to determine where they last voted, particularly given the large floating population in metropolitan areas and the highly exploitative rental housing market, where tenants frequently move from one address to another. The issue becomes even more complicated for first-time voters. How are they expected to establish where their parents last voted, particularly if the parents have also moved between cities or constituencies over the years? Do these requirements place an unreasonable evidentiary burden on voters? If so, could such conditions raise questions about the constitutional validity of the SIR exercise, particularly in relation to the right to vote and the principles of equality and non-arbitrariness?
-- K Mayivahanan, Mandaiveli, Chennai
While non-discriminatory adult franchise in parliamentary and Assembly elections is a constitutional guarantee, the enumeration of voters and actual voting are governed by laws enacted by Parliament and rules and orders issued by the Election Commission of India.
Therefore, when a Special Intensive Revision (SIR) was ordered during the Bihar poll, followed in several election-bound States, the Supreme Court did not interfere, except for the inclusion of Aadhaar as an identity card. They did not examine the actual format of an SIR, asking for several details which even an educated, middle-class person can answer.
The Bengal SIR proved to be the worst ever SIR, which even altered the course of election results. This led the SC to take suo motu action, forming judicial authorities to scrutinise deletions along with an appellate tribunal.
There are about 32 lakh appeals, and it may take several years to get disposed of. Even then, the SC did not stop the election and went on advising disenfranchised voters to be patient and that they have more opportunities to vote in their lifetime. It is only now that internal dissension within the ECI brought out the revised format of Form 6, by which several lakh voters were removed.
When the SC will decide these issues and guarantee a free and fair poll is anybody's guess. Only a fair and free selection of the ECI with guaranteed autonomy alone can bring in fair elections. With a bad umpire and match-fixing, we will have no good sport.
Will the latest incidents of AI tools autonomously hacking computer systems, without prompts from human operators, lead to legal complications? If an AI agent independently executes a cyberattack, who should bear legal responsibility? How should law-enforcement agencies investigate and prosecute cross-border cyberattacks carried out autonomously by AI agents, particularly when the operator and victim are located in different jurisdictions? Is there a need for a dedicated international or nodal mechanism to coordinate investigations, preserve digital evidence, and determine jurisdiction when autonomous AI systems are involved in transnational cyber offences? More importantly, is India's existing legal and institutional framework equipped to deal with such threats?
-- R Chandrasekar, Chetpet, Chennai
Even the Supreme Court has grown alarmed over AI becoming an increasing threat through its usage by lawyers, judges, and Tribunals, and has sent out a warning totally banning its usage in judgment writing and cautioning lawyers to vouchsafe that they will not bring court judgments generated by AI usage.
As on date, the government has no mechanism to prevent AI usage (or misuse) in various activities in the administration of the country. In essence, it has no ways and means to control it. AI has actually become the proverbial "Bhasmasura", and its potential to cause a disaster is yet to be fathomed.
It is high time we wake up to study its potential harm, take steps to control its use, and create safeguards for the future defence of the country.