The Election Commission of India (ECI) has invoked Article 326 of the Constitution to justify its ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar. This move, aimed at purifying the voter list ahead of the upcoming state assembly elections, has stirred considerable political debate.
Article 326 of the Indian Constitution establishes the principle of universal adult suffrage. It states that elections to the House of the People (Lok Sabha) and the Legislative Assemblies of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than eighteen years of age shall be entitled to be registered as a voter at any such election. This right is subject to constitutional provisions and any law made by the legislature regarding disqualification based on non-residence, unsoundness of mind, crime, or corrupt or illegal practices. The article ensures that every Indian citizen aged 18 and above, irrespective of caste, religion, gender, or socio-economic status, has the right to vote, provided they are not disqualified by law.
The ECI's decision to conduct the SIR in Bihar is rooted in its constitutional obligation to ensure that only genuine citizens are enrolled in the electoral rolls. The ECI has cited several reasons for undertaking this revision, including rapid urbanization, frequent migration, the addition of newly eligible young voters, underreporting of deaths, and the inclusion of names of foreign illegal immigrants. These factors have led to large-scale additions and deletions in the electoral rolls over the past 20 years, increasing the possibility of duplicate entries and the presence of ineligible voters. The last such intensive revision in Bihar was carried out in 2003.
The SIR involves a door-to-door enumeration process where every elector is required to submit an enumeration form to their respective Booth Level Officers (BLOs). For electors registered in the electoral roll as of January 2003, based on the last SIR, no further documents are required to be submitted except the extract of the 2003 electoral roll.
While the ECI maintains that the SIR is essential to maintain the integrity of the electoral roll and ensure free and fair elections, the exercise has faced opposition from political parties and civil society groups. Concerns have been raised about the potential disenfranchisement of a large number of voters, particularly those who may find it difficult to provide the necessary documents or who may be working as migrant laborers in other states. Some critics argue that the ECI's actions may violate existing laws and due process. It has been pointed out that people added to the voter list from January 1, 2003, to June 23, 2025, may effectively be deleted from the electoral rolls.
The ECI has clarified that its actions are in line with constitutional provisions and the Representation of the People Act, 1950. Article 324 of the Constitution empowers the ECI with the superintendence, direction, and control of the preparation of electoral rolls for the conduct of elections. Section 21 of the RPA further empowers the ECI to prepare and revise electoral rolls. The ECI has also stated that it will adhere to the principles of natural justice and ensure that no eligible voter is excluded.
The debate surrounding the SIR in Bihar highlights the importance of balancing the need to maintain accurate and inclusive voter lists with the rights of citizens to participate in the democratic process. As the revision exercise progresses, it remains to be seen whether the ECI can effectively address the concerns raised by various stakeholders and ensure that the upcoming elections are conducted in a free, fair, and transparent manner.