Special Intensive Revision By ECI In Bihar

SPECIAL INTENSIVE REVISION BY ECI IN BIHAR

What is Happening?

• The Election Commission of India (ECI) has initiated a Special Intensive Revision (SIR) of electoral rolls in Bihar, commencing in June 2025.
• This is a nationwide effort, but it begins in Bihar, strategically timed before the State Assembly elections due by November 2025.

WHAT IS SPECIAL INTENSIVE REVISION (SIR)?

• It’s a hybrid approach that combines field verification (door-to-door visits) characteristic of an intensive revision with the use of existing rolls and some summary features (e.g., pre-filled forms).
• Legal Basis: Section 21(3) of the Representation of People Act, 1950, empowers the ECI to revise electoral rolls “in such manner as it thinks fit.”

TYPES OF ELECTORAL ROLL REVISION

WHY SIR HAPPENING NOW & WHY BIHAR FIRST?

Reasons Given by the ECI:

• Massive Changes in Electoral Rolls Since 2003:
  • Bihar has not undergone an intensive revision in over 20 years.
  • This has led to a significant accumulation of new voters, and many deceased or migrated voters have not been removed.
• Demographic Shifts:
  • Rapid urbanization and migration for work and education have led to discrepancies and duplicate entries, as individuals often enroll at new addresses without deleting old entries.

• Political Complaints:
  • Allegations from various political parties have amplified the demand for a comprehensive clean-up of electoral rolls.
• Administrative Readiness Before State Elections:
  • With Bihar Assembly polls approaching, the ECI aims to ensure that only eligible citizens are included in the voter list to facilitate free and fair elections.

WHAT IS DIFFERENT & CONTROVERSIAL THIS TIME?

New Requirement:

Even existing voters (enrolled after 2003) are now required to provide documentary proof of:

• Date of birth
• Place of birth (These are used to verify citizenship.)

Documents Like Aadhaar & Voter ID Initially Not Accepted:

• This initial exclusion caused significant confusion and panic, particularly among rural and migrant communities.
• The Supreme Court later advised the ECI to consider accepting Aadhaar, ration cards, and voter ID.

CRITICISM

The process has drawn sharp criticism for potentially disenfranchising lakhs of voters, especially:

• Poor people without formal documents.
• Migrant workers.
• Women and the elderly who may lack birth records.
• The core criticism is the reversal of the burden of proof, where citizens must now proactively prove their eligibility rather than the state proving ineligibility.

SUPREME COURT’S VIEW

The Supreme Court did NOT stop the SIR but expressed significant concerns. It:

• Urged the ECI to make documentation requirements more practical and inclusive, suggesting the acceptance of Aadhaar, voter ID, and ration cards.
• Expressed concern about the potential for widespread voter exclusion due to stringent requirements and a truncated timeline.
• Highlighted that the purpose of the SIR is identity verification, not citizenship determination, and questioned the exclusion of widely held identity proofs like Aadhaar.
• Listed the judicial review of the entire process, including its timing, for further hearing.

CHALLENGE TO ELECTORAL ROLL REFORM IN BIHAR

Association for Democratic Reforms & Others v. Election Commission of India (2025)

• Case About: Petitioners claim the SIR is arbitrary, unconstitutional, and likely to disenfranchise lakhs of voters, especially the poor and marginalized.
• Parties Involved:
  • Petitioners: Association for Democratic Reforms (ADR), Yogendra Yadav, Mahua Moitra, Manoj Jha, People’s Union for Civil Liberties.
  • Respondent: Election Commission of India (ECI).
  • Court: Supreme Court of India.
  • Bench: Justice Sudhanshu Dhulia and Justice Joymalya Bagchi.
  • Case No.:P.(C) 640/2025.
  • Next Hearing: July 28, 2025.

LEGAL POWERS CITED BY ECI

HOW WAS THE SIR BEING DONE?

• Booth Level Officers (BLOs) conducting house-to-house visits.
• Distributing pre-filled forms for voters.
• Requesting proof of eligibility (g., age, citizenship proof).
• Collecting forms and documents.
• Online submission of forms via the ECINET portal.
• Political parties encouraged to appoint Booth Level Agents (BLAs) for assistance and objections.
• Claims and objections to be reviewed by officials.
• Draft rolls live from August 1, 2025, with final publication after corrections.

WHAT ARE PETITIONERS SAYING?

They argue the process is flawed, hurried, and violates basic rights. Main Concerns:

• Violation of Fundamental Rights: Articles 14 (Equality), 19 (Expression and Movement), and 21 (Life and Liberty), arguing disproportionate impact on the poor, migrants, and Dalits.
• Unreasonable Documentation Requirements: Requiring citizens to reapply with proof even if already registered, and initial non-acceptance of Aadhaar/ration cards. Difficulty for many to provide parents’ ID.
• Burden of Proof Shifted to Citizens: Voters now bear the onus of proving eligibility, rather than the state identifying ineligibility.
• Short Timeline = Risk of Mass Exclusion: BLOs must cover all households before July 25, 2025, amidst monsoon season and an existing shortage of BLOs.

WHAT DO THE PETITIONERS WANT?

• An immediate stay on the SIR process.
• Extension of the timeline.
• More realistic documentation requirements.
• Protection of the right to vote, especially for vulnerable groups.

What Has the ECI Said in Response?

The ECI has issued press releases stating the process is proceeding smoothly and that claims of mass exclusion are rumors.

KEY LEGAL & CONSTITUTIONAL QUESTIONS IN FRONT OF SC

• Is the SIR process violating the Constitution, specifically Articles 14, 19, and 21?
• Is the process arbitrary and rushed, lacking sufficient time and consultation?
• Does it violate natural justice and due process by treating citizens as suspects?
• Is the deadline practically achievable, especially during the monsoon season?

PAST INSTANCES OF INTENSIVE REVISIONS

LESSONS FROM HISTORY: WHAT HAPPENED DURING EARLIER REVISIONS?

• Early Challenges (1950s):
  • Widespread public ignorance, lack of party involvement, administrative inexperience.
  • Women often listed vaguely (e.g., “wife of/daughter of”). No central election law or clear procedures initially.
• Evolving Safeguards:
  • ECI gradually introduced due process rules (no deletion without notice) and emphasized voter inclusion and protection from arbitrary removal.
  • Specific instructions were issued to avoid wrongful exclusion of foreign nationals.
• 1980s-90s Focus:
  • Repeated complaints from Northeast and border states led to new emphasis on citizenship verification, duplicate entry elimination, and the introduction of photo-based ID system (EPIC).
• Shift to Summary Revisions:
  • As data and systems improved, summary revisions became the norm due to efficiency.
  • However, intensive revisions are still employed during high-stakes moments, such as major elections, when serious roll errors are detected, or significant demographic shifts occur.

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