The revision of electoral rolls is a crucial process in ensuring free and fair elections. Recently, a significant legal battle has emerged in Bihar over the rules and requirements set by the Election Commission of India (ECI) during its special intensive revision (SIR) of the state’s voter lists.
The Supreme Court has stepped in, emphasizing the need for an inclusive, rather than exclusionary, approach to verifying eligible voters. This ongoing issue not only highlights the challenges of voter verification in India but also raises important questions about the rights of citizens and the responsibilities of election authorities.
Supreme Court’s Stand: Inclusion over Exclusion
During a hearing, the Supreme Court bench, comprising Justice Surya Kant and Justice Joymalya Bagchi, firmly advised the Election Commission to focus on “mass inclusion, not mass exclusion”. The court questioned the ECI’s apparent hesitation to accept Aadhaar and voter ID (EPIC) cards as valid documents for voter verification.
- The court stated that many documents currently accepted by the ECI could also be forged, not just Aadhaar or voter ID.
- Forgery, the court noted, is possible with almost any document and cannot be the sole reason to discard commonly used identification papers.
- Justice Surya Kant remarked that even if multiple documents are forged, the vetting should be done on a case-by-case basis rather than by excluding entire groups of potential voters based on the choice of document.
Background: The Special Intensive Revision in Bihar
The Election Commission initiated a Special Intensive Revision of electoral rolls in Bihar ahead of the state assembly elections, scheduled for October–November 2025. This revision process requires:
- Voters missing from the 2003 rolls to provide proof of Indian citizenship.
- Individuals born after December 2004 to submit the citizenship documents of both parents.
- If a parent is a foreign national, relevant passport and visa records at the time of the voter’s birth must also be provided.
These new rules are part of the ECI’s effort to ensure only eligible Indian citizens are enrolled to vote. However, these requirements have sparked considerable debate.
Criticism and Concerns from Civil Society
Prominent civil society groups and political leaders have voiced strong objections, arguing that the new framework:
- Shifts the burden of proof from the authorities to ordinary citizens, making it harder for the poor and rural populations to register.
- Excludes widely held documents such as Aadhaar and ration cards, which millions rely on for identity verification.
- Risks disenfranchising voters who may not be able to produce all required documents, particularly women, migrant workers, and members of marginalized communities.
- Allegedly violates constitutional protections, including the right to equality, freedom of expression, the right to life, and provisions specific to electoral rights.
Key Petitioners and Legal Arguments
Several respected individuals and organizations have challenged the Election Commission’s directive, including:
- Association for Democratic Reforms (ADR)
- People’s Union for Civil Liberties (PUCL)
- Members of Parliament Mahua Moitra and Manoj Jha
- Social activist Yogendra Yadav
The petitioners argue that the ECI’s guidelines:
- Contravene existing laws, namely the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960.
- Disproportionately impact poor or rural voters who often lack extensive documentation.
Election Commission’s Clarifications and Safeguards
The ECI has responded with several assurances:
- The process is backed by Article 324 of the Constitution, which grants the ECI broad powers for electoral rolls’ preparation.
- Documents required under SIR are consistent with India’s citizenship laws, particularly Section 3 of the Citizenship Act, 1955.
- Citizens unable to submit forms by the July 25 deadline still have until September 1 to file claims for inclusion.
- Political parties have been given the lists of individuals whose forms are pending, and their assistance has been sought to help trace and include affected voters.
- No name will be deleted from the rolls without a fair hearing and a reasoned order from the Electoral Registration Officer (ERO).
Provisions for Existing Voters
- Anyone listed in the 2003 electoral roll does not need to submit new documents.
- Children of parents present on the 2003 rolls (especially those born after 1985) can establish their eligibility through their parents’ status on the list.
Timelines and Next Steps
- The draft electoral rolls are scheduled for publication on August 1.
- The Supreme Court will set timelines for final arguments and hearings, with the next session posted for Tuesday, July 29.
As Bihar prepares for its upcoming elections, the ongoing discussions between the Supreme Court, Election Commission, and civil society underscore the delicate balance between preventing fraud and ensuring the broadest possible citizen participation. The final outcome will likely set important precedents for voter inclusion and identity verification across India, reinforcing the democratic principles at the heart of the election process.
