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The Association for Democratic Reforms (ADR), a non-governmental organization, has filed a petition with the Supreme Court of India challenging the Election Commission of India’s (ECI) decision to conduct a Special Intensive Revision (SIR) of electoral rolls in the state of Bihar. The petition argues that the SIR violates the fundamental rights of adult suffrage, non-discrimination, dignity, and equality, particularly for marginalized communities within the state. The move comes ahead of the upcoming elections in Bihar, scheduled for November 2025, and raises concerns about the potential disenfranchisement of a significant portion of the electorate. Prashant Bhushan and Neha Rathi, representing ADR, assert that the ECI’s communication on June 24th, which outlines the SIR process, contravenes the provisions of the Representation of People’s Act, 1950, and Rule 21A of the Registration of Electors Rules, 1960. The core argument of the petition is that the SIR's stringent documentation requirements, coupled with an unreasonably short timeline, create a high risk of excluding genuine voters from the electoral rolls, effectively denying them their right to participate in the democratic process. This, according to the petition, undermines the principles of free and fair elections and democracy itself, which are considered fundamental aspects of the Constitution's basic structure. The petition highlights that the SIR places an undue burden on voters, shifting the responsibility of proving their eligibility from the state to the individual citizens. This is particularly problematic for marginalized communities and the poor, who may lack the necessary documentation to comply with the SIR's requirements. The exclusion of documents such as Aadhaar cards and ration cards from the list of acceptable identification further exacerbates this issue, making it more difficult for vulnerable populations to prove their residency and citizenship. The potential scale of disenfranchisement is substantial. Estimates suggest that over three crore voters, primarily from marginalized communities such as Scheduled Castes (SC), Scheduled Tribes (STs), and migrant workers, could be excluded from voting due to the stringent requirements of the SIR order. Reports from Bihar, where the SIR is already underway, indicate that a significant number of voters in villages and marginalized communities do not possess the documents being demanded. The petition emphasizes that the SIR process is violative of Article 326 of the Constitution, which guarantees adult suffrage. The requirement for voters to provide documents proving their own citizenship, as well as the citizenship of their parents, failing which their names will not be added to the draft electoral roll and may be deleted, directly contradicts the principle of universal adult franchise. The timeline set by the ECI for conducting the SIR in Bihar is deemed unreasonable and impractical, especially given its proximity to the state elections. The short timeframe may preclude many citizens from being able to gather and submit the required documentation, even if they are eligible to vote. The petition also points out that Bihar is a state characterized by high poverty and migration rates, which means that many residents lack access to essential documents such as birth certificates or parental records. This makes it even more challenging for them to comply with the SIR's requirements and risks disproportionately disenfranchising vulnerable populations. The ADR petition contends that the Special Intensive Revision (SIR) of electoral rolls in Bihar is not only unnecessary but also potentially detrimental to the democratic process. The petition underscores that since 2003, Bihar has conducted five general elections and five assembly elections, with continuous additions and deletions of names on the electoral roll. This ongoing process of updating the electoral roll ensures that the list of eligible voters is reasonably accurate and reflects the current population. Furthermore, the petition highlights that a Special Summary Revision (SSR) was already conducted between October 29, 2024, and January 6, 2025. This SSR specifically addressed issues such as migration and ineligible voters due to death or other reasons, ensuring that the electoral roll was up-to-date and accurate. Given the existing mechanisms for maintaining an accurate electoral roll and the recent SSR, the ADR argues that there is no justifiable reason for conducting such a drastic exercise as the SIR, especially in a poll-bound state and within such a short period of time. The petition emphasizes that the SIR could violate the right to vote of lakhs of voters, undermining the democratic principles that underpin the Indian Constitution. The core contention of the petition is that the ECI's move, while ostensibly aimed at ensuring the accuracy of the electoral roll, carries the significant risk of disenfranchising a substantial portion of the electorate, particularly those who are already marginalized and vulnerable. The SIR's stringent documentation requirements, coupled with the unreasonably short timeline and the lack of adequate outreach to inform and assist voters, create a recipe for widespread exclusion and undermine the integrity of the electoral process. The petition calls on the Supreme Court to intervene and set aside the SIR order, protecting the fundamental right to vote for all citizens of Bihar and ensuring that the upcoming elections are free, fair, and inclusive. The outcome of this case could have significant implications for the future of electoral processes in India, particularly with regard to the balance between ensuring the accuracy of electoral rolls and protecting the right to vote for all citizens, regardless of their socio-economic status or access to documentation.
The legal basis for challenging the Election Commission of India's (ECI) Special Intensive Revision (SIR) in Bihar primarily rests on the perceived violations of fundamental rights enshrined in the Indian Constitution, as well as breaches of specific provisions within the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960. Article 326 of the Constitution guarantees adult suffrage, the right of every adult citizen to vote. The petition argues that the SIR's stringent documentation requirements, which mandate proof of citizenship for both the voter and their parents, effectively disenfranchises those who lack the necessary documents, thereby violating their right to vote. This is particularly concerning for marginalized communities who often face systemic barriers in accessing documentation. Furthermore, the petition contends that the SIR violates the principles of equality and non-discrimination, as enshrined in Articles 14 and 15 of the Constitution. By imposing a disproportionate burden on marginalized communities to prove their citizenship, the SIR creates an uneven playing field and discriminates against those who are already disadvantaged. The requirement to provide documentation that many people, especially those from impoverished backgrounds, may not possess, results in indirect discrimination. The petition also argues that the SIR infringes upon the right to dignity, as guaranteed by Article 21 of the Constitution. The process of requiring citizens to repeatedly prove their citizenship can be seen as humiliating and degrading, especially for those who have been residents of Bihar for their entire lives. The implication that these individuals are not legitimate citizens until they can produce the required documents undermines their sense of belonging and dignity. In addition to these constitutional arguments, the petition also claims that the SIR violates specific provisions of the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960. The specific provision allegedly violated is Rule 21A of the Registration of Electors Rules, 1960, although the petition does not elaborate on the exact nature of the contravention. It is likely that the argument centers around the procedural requirements for revising electoral rolls and the extent to which the SIR adheres to those requirements. The petition also emphasizes the importance of free and fair elections as a cornerstone of democracy, which is considered part of the basic structure of the Constitution. The disenfranchisement of a significant portion of the electorate, as alleged in the petition, undermines the integrity of the electoral process and threatens the very foundation of democratic governance. The legal arguments presented in the petition are aimed at demonstrating that the SIR is not only unnecessary but also unlawful, violating fundamental rights and established legal principles. The petition seeks to persuade the Supreme Court to intervene and protect the right to vote for all citizens of Bihar, ensuring that the upcoming elections are conducted in a fair and inclusive manner. The success of the petition will depend on the Court's interpretation of the relevant constitutional provisions and legal statutes, as well as its assessment of the potential impact of the SIR on the electoral process. The legal challenge raises important questions about the balance between ensuring the accuracy of electoral rolls and protecting the right to vote for all citizens, particularly those who are most vulnerable to disenfranchisement.
The potential consequences of the Special Intensive Revision (SIR) of electoral rolls in Bihar, as challenged in the Supreme Court, extend far beyond the immediate impact on voter registration. If the SIR is allowed to proceed in its current form, it could have significant ramifications for the democratic process, social equity, and the political landscape of Bihar. One of the most immediate and direct consequences of the SIR is the potential disenfranchisement of a large number of voters, particularly those from marginalized communities. As the petition highlights, the stringent documentation requirements and the short timeline for compliance could lead to the exclusion of lakhs of genuine voters from the electoral rolls. This disenfranchisement would disproportionately affect Scheduled Castes (SC), Scheduled Tribes (STs), migrant workers, and other vulnerable populations who may lack the necessary documentation to prove their citizenship. The exclusion of these voters would not only violate their fundamental right to vote but also undermine the representativeness of the electoral process. The voices and concerns of marginalized communities would be effectively silenced, leading to policies and decisions that may not adequately address their needs. Furthermore, the disenfranchisement of a significant portion of the electorate could skew the outcome of the upcoming elections. By selectively excluding certain groups of voters, the SIR could alter the balance of power and favor certain political parties or candidates. This would undermine the fairness and integrity of the electoral process and erode public trust in democratic institutions. The SIR could also have a chilling effect on voter participation in future elections. If voters perceive that the registration process is overly burdensome or discriminatory, they may be less likely to participate in future elections, even if they are technically eligible to vote. This would further weaken the democratic process and reduce the legitimacy of elected officials. Beyond the immediate impact on elections, the SIR could also have broader social and economic consequences. The exclusion of marginalized communities from the electoral process could exacerbate existing inequalities and create new forms of social exclusion. If these communities are unable to participate in the political process, their needs and concerns are likely to be ignored, leading to further marginalization and discrimination. The SIR could also undermine efforts to promote social justice and equality. By creating barriers to political participation, the SIR could reinforce existing power structures and make it more difficult for marginalized communities to challenge discrimination and inequality. In the long term, the SIR could erode the legitimacy of democratic institutions and undermine public trust in government. If citizens believe that the electoral process is unfair or that their voices are not being heard, they may become disillusioned with democracy and lose faith in the ability of government to address their needs. This could lead to social unrest and political instability. The legal challenge to the SIR in the Supreme Court represents a crucial opportunity to protect the fundamental right to vote and ensure that the upcoming elections in Bihar are free, fair, and inclusive. The Court's decision will have far-reaching consequences for the democratic process, social equity, and the political landscape of Bihar. It is essential that the Court carefully consider the potential impact of the SIR on marginalized communities and take steps to safeguard the right to vote for all citizens.
The Special Intensive Revision (SIR) of electoral rolls in Bihar, initiated by the Election Commission of India (ECI), has become a focal point of contention, raising fundamental questions about the balance between electoral integrity and the right to vote. This debate underscores a recurring challenge in democratic systems worldwide: how to ensure accurate and reliable voter lists while simultaneously safeguarding the accessibility and inclusivity of the electoral process. The ECI's stated objective in conducting the SIR is to eliminate inaccuracies and ensure the integrity of the electoral roll. This is a legitimate and important goal, as inaccurate voter lists can lead to various problems, including voter fraud, double voting, and the disenfranchisement of legitimate voters. However, the methods employed to achieve this goal must be carefully scrutinized to ensure that they do not disproportionately impact certain segments of the population or create undue barriers to participation. Critics of the SIR argue that its stringent documentation requirements and short timeline create a significant risk of disenfranchising a large number of eligible voters, particularly those from marginalized communities. These individuals may lack the necessary documents to prove their citizenship or residency, or they may face practical challenges in obtaining those documents within the allotted timeframe. This raises concerns about whether the SIR is truly a neutral effort to improve electoral accuracy or whether it inadvertently serves to suppress voter turnout among certain groups. The debate over the SIR also highlights the tension between the state's interest in maintaining accurate voter lists and the individual's right to participate in the democratic process. While the state has a legitimate interest in preventing voter fraud and ensuring the integrity of elections, this interest must be balanced against the fundamental right of every citizen to vote. Any measures taken to improve electoral accuracy must be carefully designed to minimize the risk of disenfranchisement and ensure that all eligible voters have an equal opportunity to participate. This requires a nuanced approach that takes into account the specific circumstances of different communities and provides adequate support to those who may face challenges in meeting the registration requirements. The SIR debate also raises broader questions about the role of the ECI in a democracy. As an independent body responsible for overseeing elections, the ECI has a duty to ensure that the electoral process is fair, transparent, and inclusive. This requires not only enforcing the rules and regulations governing elections but also actively promoting voter participation and protecting the rights of all eligible voters. The ECI must be vigilant in identifying and addressing any barriers to participation, and it must be willing to adapt its procedures and policies to ensure that all citizens have an equal opportunity to exercise their right to vote. The SIR debate serves as a reminder that the pursuit of electoral integrity must not come at the expense of voter access. It is essential to strike a balance between ensuring accurate voter lists and protecting the right to vote for all citizens. This requires a commitment to inclusivity, transparency, and a willingness to address the specific challenges faced by different communities. Only by adopting such an approach can we ensure that our elections are truly democratic and that the voices of all citizens are heard.
Source: NGO moves Supreme Court challenging ECI’s Special Intensive Revision of rolls in Bihar