Bihar Electoral Roll Revision

Source: The Hindu  

Introduction 

The Supreme Court has been closely monitoring the Election Commission's Special Intensive Revision (SIR) of Bihar's electoral rolls, which has led to the exclusion of approximately 65 lakh voters from the draft list. The Court's recent orders aim to balance electoral integrity with voters' rights, ensuring no eligible citizen is disenfranchised ahead of the upcoming assembly elections. 

What is the Bihar SIR controversy about? 

• The Election Commission of India announced a Special Intensive Revision of Bihar's electoral rolls on June 24, 2025, just months before the scheduled assembly elections.  
• This process required voters enrolled after 2003 to submit various documents to prove their eligibility, resulting in about 65 lakh people being excluded from the draft electoral roll published on 1st August, 2025. 
• Opposition parties and civil society organizations challenged this exercise, arguing it would lead to mass disenfranchisement, particularly affecting poor, illiterate, and migrant populations who may not possess the required documents. 

How can excluded voters now apply for inclusion? 

• The Supreme Court has simplified the process for excluded voters. They can now submit their applications for inclusion through online mode, eliminating the need for physical submission of forms.  
• Along with their applications, voters can submit either any of the eleven documents specified by the Election Commission or simply their Aadhaar card. 
• This is a significant relaxation from the earlier position where the Election Commission was reluctant to accept Aadhaar cards as standalone proof, despite their widespread availability in Bihar. 

What role will political parties play in this process? 

• The Court has directed all 12 recognized political parties in Bihar to instruct their Booth Level Agents (BLAs) to actively assist voters in their respective booths for submitting inclusion forms. 
•  The Court expressed surprise that despite having approximately 1.6 lakh BLAs across the state, only two objections had been filed so far. 
• Political parties have been made respondents in the case if they weren't already petitioners, emphasizing their responsibility to ensure fair electoral participation. 

What concerns did the Court address about procedural fairness? 

• The Supreme Court addressed several procedural issues raised by petitioners. It directed Booth Level Officers to provide acknowledgment receipts when physical forms are submitted, though such receipts won't guarantee the form's completeness. 
• The Court noted complaints from some political parties that their BLAs were not being permitted to submit objections, and it emphasized the need for cooperation between all stakeholders to complete the revision exercise fairly. 

What broader legal principles are at stake? 

• The case involves fundamental questions about the balance between electoral integrity and voting rights. Petitioners argued that the SIR process illegally shifts the burden of proving citizenship from the state to individual voters, particularly affecting those who have been voting for years. 
• The Court has emphasized that any mass exclusion of voters would warrant judicial intervention, while also recognizing the Election Commission's duty to maintain accurate electoral rolls. 

What is the Right to Vote? 

• The right to vote in India is currently considered a statutory right according to the Supreme Court's latest ruling in the Anoop Baranwal case (2023). This means it is a right created and governed by laws passed by Parliament, rather than being a fundamental right directly enforceable under the Constitution. 
  • Some judges have argued it should be considered a "constitutional right" 
  • Justice Ajay Rastogi noted in his dissent that voting is an expression of citizen choice, which could be viewed as a fundamental right under Article 19(1)(a) 
  • The right is intrinsic to free and fair elections, which form part of the basic structure of the Constitution 

What are the Legal Provision Related to Right to vote ? 

Constitutional Provisions for Right to Vote - Article 326 

• Article 326 grants every Indian citizen the right to vote in elections without any discrimination based on religion, race, caste, sex, descent, place of birth, or economic status. 
• Every citizen who is not less than 18 years of age on the qualifying date is entitled to be registered as a voter and exercise voting rights. 
• The right to vote is subject to disqualifications prescribed by the Constitution or laws made by Parliament, including unsound mind, criminal convictions, and corrupt electoral practices. 
• Article 326 establishes the principle of universal adult franchise, ensuring "one person, one vote" without any property, income, educational, or other qualifications. 
• This constitutional provision applies to elections for Lok Sabha (House of the People) and State Legislative Assemblies across India. 
• Only Indian citizens are eligible to vote; non-citizens are completely prohibited from participating in the electoral process under this Article. 
• Article 326 forms the constitutional foundation of India's democratic system, embodying popular sovereignty and political equality among all eligible citizens. 

Statutory Laws: 

• Representation of the People Act, 1950:  
  • Section 16: Disqualifies non-citizens from electoral rolls 
  • Section 19: Requires voters to be at least 18 years old and "ordinarily resident" in a constituency 
• Representation of the People Act, 1951:  
  • Section 62: Provides voting rights to every person registered in electoral rolls 
  • Specifies that disqualified persons and those in prison cannot exercise this right 

Conclusion 

The Supreme Court's intervention in the Bihar SIR matter demonstrates the judiciary's commitment to protecting voting rights while ensuring electoral integrity. By allowing online applications and accepting Aadhaar cards, the Court has made the inclusion process more accessible. The success of these measures will be closely monitored as Bihar prepares for its upcoming assembly elections, potentially setting precedents for future electoral roll revisions across India.