Examining the Intensive Revision of Voter Lists in Bihar: Weighing Electoral Integrity Against Universal Adult Suffrage
The Election Commission of India's (ECI) 2025 Special Intensive Revision (SIR) of Bihar's electoral rolls is currently under scrutiny, with legal challenges concerning its constitutionality and legal implications. The case, Association for Democratic Reforms v. Election Commission of India, is a public interest litigation slated for hearing by the Supreme Court of India, with petitions from multiple civil society actors alleging the SIR as arbitrary and unconstitutional.
The ECI defends the SIR as necessary due to factors such as rapid urbanization, frequent migration, young citizens becoming eligible to vote, non-reporting of deaths, and the inclusion of the names of foreign illegal immigrants affecting Bihar's electoral rolls. However, the legal challenge revolves around whether the SIR violates fundamental rights under Articles 14 (equal protection), 19 (freedom of movement and expression), and 21 (right to life and personal liberty) of the Constitution.
Article 324 vests the ECI with authority over electoral rolls, supported by the Representation of the People Act, 1950 and Registration of Electors Rules, 1960, which permit revisions, including intensive ones like the SIR. Yet, the Supreme Court, referencing precedents such as Mohinder Gill v. Election Commissioner, maintains that ECI's powers are subject to judicial review when fundamental rights or natural justice concerns arise.
Practically, the SIR process involves a total re-verification of the entire electoral roll (about 80 million voters) with enumeration forms distributed commencing June 25, 2025, aiming to complete by September 30, 2025. Critics allege substantial deletion risk and voter suppression, with reports of 3.5 million voters being "untraceable," fueling political opposition and legal scrutiny.
In summary, the constitutional power of the ECI for electoral rolls is undisputed, but the SIR's practicality and compliance with fundamental constitutional safeguards are under question. The Supreme Court's examination will determine whether the ECI's actions were reasonable, justified, and compliant with constitutional norms and due process.
| Aspect | Position/Issue | |-------------------------|------------------------------------------------------------------------------------------------| | Constitutional Power | Article 324 grants ECI power for electoral rolls; revisions allowed under Representation of the People Act and related rules[2][3] | | Alleged Violations | Petitions claim breaches of Articles 14, 19, 21 regarding arbitrariness, due process, and equal protection[1] | | Judicial Review | Powers of ECI not absolute; subject to court scrutiny if fundamental rights or natural justice are impacted[2] | | Practical Concerns | SIR timetable challenged as unrealistic; potential deletion of valid voters leads to accusations of disenfranchisement[4][5] | | Current Status | Supreme Court of India hearing case starting July 28-29, 2025; outcome pending[1][5] |
The legal challenge of the 2025 Bihar SIR raises questions about the balance between maintaining electoral roll accuracy and protecting voter rights under constitutional norms and due process. It also highlights the need for careful consideration and careful implementation of such measures to ensure they are practical, reasonable, and compliant with the Constitution.
[1] The Indian Express, "Bihar SIR: SC to hear plea challenging ECI's special drive to clean up electoral rolls from July 28," July 21, 2025. [2] Live Law, "Bihar SIR: SC to hear plea challenging ECI's special drive to clean up electoral rolls from July 28," July 21, 2025. [3] The Hindu, "Bihar SIR: ECI to re-verify entire electoral roll by September 30," June 25, 2025. [4] The Times of India, "Bihar SIR: 3.5 million voters 'untraceable,' fuels political opposition and legal scrutiny," June 30, 2025. [5] The Print, "Bihar SIR: ECI's special drive to clean up electoral rolls faces legal challenge," July 1, 2025.
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