Bihar Special Electoral Roll Revision

The Election Commission of India (ECI) initiated a Special Intensive Revision (SIR) of electoral rolls in Bihar ahead of upcoming state elections, raising widespread concerns about arbitrary exclusions and procedural opacity.

Legal Framework and Constitutional Mandate

• Electoral Authority under Article 324:The ECI is constitutionally empowered under Article 324 to supervise and control electoral roll preparation; however, this authority must align with constitutional guarantees of fairness and equality.
• Right to Vote and Adult Suffrage:Article 326 mandates universal adult suffrage for all Indian citizens aged 18 and above; arbitrary disenfranchisement undermines this principle and contradicts the inclusive ethos of electoral democracy.
• Statutory Provisions under RPA, 1950:The Representation of the People Act, 1950 allows the ECI to conduct special revisions, but such actions must remain proportionate, non-discriminatory, and within the boundaries of due process.

Procedural Irregularities and Exclusion Criteria

• Omission of Widely Held Documents:The ECI's June 24 notification lists 11 acceptable ID proofs but excludes Aadhaar, EPIC, and ration cards, causing confusion and imposing unreasonable burdens on citizens.
• Arbitrary Classification of Voters:A distinction between voters enrolled in 2003 and those added later has been made without justification, requiring re-verification of the latter group’s eligibility without credible reasoning.
• Lack of Transparency and Due Notice:The hasty timeline—with draft rolls scheduled for August 1—fails to provide sufficient opportunity for public participation, particularly disadvantaging the poor and marginalized.

Judicial Scrutiny and Democratic Implications

• Supreme Court's Initial Response: SC urged the ECI to consider including Aadhaar, EPIC, and ration cards as valid documents but fell short of issuing interim relief or binding directions.
• Democratic Legitimacy and Voter Inclusion:Electoral legitimacy depends not merely on free outcomes but on inclusive, participatory processes that respect equality and minimize procedural hurdles.
• Historical Perspective on Electoral Inclusivity:As historian OrnitShani notes, India’s electoral roll was originally conceived to include all eligible persons, not exclude the undocumented—this democratic presumption now faces erosion.

Practice Question:

In the context of the recent Special Electoral Roll Revision in Bihar, critically examine the balance between the Election Commission’s constitutional mandate and the need to uphold the principles of procedural fairness, non-discrimination, and universal adult suffrage. (250 words)