The Delhi High Court has raised concerns over the Election Commission of India’s (ECI) decision to deploy school teachers for duties related to the Special Intensive Revision (SIR) of electoral rolls in the capital. A bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia questioned whether the ECI can exercise its powers under Article 324 of the Constitution without limitations.
Judicial Inquiry into ECI’s Authority
The court queried the legal basis for directing school teachers to participate in SIR duties, emphasizing that ECI’s authority must not be equated with a carte blanche to act without constraints. The judges inquired, “Taking shade of Article 324, can you do whatever you like?” This question underscores the judiciary’s scrutiny of the ECI’s interpretation and application of its constitutional powers.
Teachers’ Work Hours and Rights
While the ECI defended its actions by stating that teachers were only required to work on holidays and outside teaching hours, the court highlighted the teachers’ entitlement to their personal time, similar to any other government employee. The judges questioned the necessity for teachers to serve as booth level officers (BLOs) during their off days.
PIL Petition and Allegations
The court’s intervention followed a public interest litigation (PIL) filed by advocates Rajesh Kumar Gogna and Ashok Agarwal. The petition challenges the ECI’s decision, citing disruptions in educational activities due to the withdrawal of regular faculty members during teaching hours. The petitioners argued that the deployment primarily affects schools serving lower socio-economic communities, while private unaided schools remain unaffected.
Furthermore, the petitioners argued that the ECI’s actions violate legal precedents set in Election Commission of India v. St. Mary’s School, contravene sections 27 and 25-26 of the Right to Education (RTE) Act, 2009, and neglect the available non-teaching staff under Section 159 of the Representation of the People Act, 1951.
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Impact on Education
The PIL highlights the comprehensive nature of SIR duties, which extend beyond holidays and non-teaching hours. Teachers are reportedly required to participate in full-day training, conduct house-to-house enumeration during school hours, and engage in data entry tasks over extended periods. As a result, educational disruptions are continuous and affect the students’ learning environment significantly.
Discriminatory Practices Alleged
The petition also alleges discrimination in the requisition of teachers, with government, municipal, and aided schools bearing the brunt, while private unaided schools remain exempt. The argument is made that this disproportionate impact halts the education of students from lower middle-class and impoverished backgrounds.
The petitioners proposed that the requisition of school teachers should be limited to a maximum of 10 percent of the regular teaching staff in any school. The court has ordered the ECI to submit a detailed affidavit explaining its stance and has adjourned the matter for further consideration on July 28.
