Association for Democratic Reforms moves SC challenging EC's Bihar voter roll revision
The non-profit organisation sought the quashing of the order, arguing that it violated Articles 14, 19, 21, 325 and 326 of the Constitution and also contravened provisions of the Representation of the People Act and Rule 21A of the Registration of Electors Rules.
Article 14 of the Constitution guarantees equality before the law, while Article 19 pertains to freedom of speech and expression and Article 21 to protection of life and personal liberty.
Article 325 ensures that there is no discrimination based on religion, race, caste or sex in electoral rolls and Article 326 mandates elections to be based on adult suffrage. Rule 21A of the Registration of Electors Rules pertains to the inclusion of names inadvertently omitted.
The special intensive revision of the electoral rolls in Bihar was announced by the Election Commission on June 24, ahead of the Assembly elections expected to be held in the state in October or November.
As part of the exercise, persons whose names were not on the 2003 voter list will need to submit proof of eligibility to vote. This means that 2.9 crore out of the state's 7.8 crore voters – or about 37% of the electors – will have to submit documentary evidence.
Voters born before July 1, 1987, must show proof of their date and place of birth, while those born between July 1, 1987, and December 2, 2004, must also submit documents establishing the date and place of birth of one of their parents. Those born after December 2, 2004, will need proof of date of birth for themselves and both parents.
In its petition, the Association for Democratic Reforms said that revision could 'arbitrarily and without due process disenfranchise lakhs of voters from electing their representatives, thereby disrupting free and fair elections and democracy in the country', The Hindu reported.
The petition said that the order imposed fresh documentation requirements and shifted the burden of proof from the state to the citizen, Bar and Bench reported.
Citing concerns over the exclusion of widely held documents such as Aadhaar and ration cards in the exercise, the election watchdog said that this would disproportionately affect the poor and marginalised voters, especially in rural parts of Bihar.
'The documentation requirements of the directive, lack of due process as well as the unreasonably short timeline for the said special intensive revision of electoral roll in Bihar further make this exercise bound to result in removal of names of lakhs of genuine voters from electoral rolls leading to their disenfranchisement,' Bar and Bench quoted the petition as saying.
Birth registration levels were historically low in Bihar and many voters did not have access to official documents, the petition said. It added that more than three crore voters in the state may not be able to meet the mandated criteria and could end up being removed from the electoral rolls.
The Association for Democratic Reforms also noted that the Election Commission had not provided a reason for ordering the revision, Bar and Bench reported.
Citing that Section 21(3) of the Representation of the People Act permitted special revisions only for recorded reasons, the non-profit organisation claimed that the order issued by the poll panel lacked such justification.
Stating that a special summary revision had been conducted in Bihar from October 2024 to January 2025, the petition said that no reports of serious irregularities had been flagged. A fresh exercise ahead of the Assembly polls raised concerns about its intent and implementation, it added.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
34 minutes ago
- Time of India
Cong threatens mass protest over OBC quota implementation delay
Bhopal: The Congress on Saturday warned of a statewide agitation if the BJP govt in the state fails to implement 27% reservation for Other Backward Classes (OBCs) without further delay. Congress state unit president Jitu Patwari and LoP Umang Singhar, addressing a joint press conference, said the party would launch protests, rallies and public awareness drives across the state in support of the backward classes. "The BJP's anti-OBC face has been exposed, the Congress will fight till the end," Patwari said. "The BJP govt has crossed all limits of fraud, betrayal and shameful injustice with the OBC community. The state govt is also tampering with the basic structure of the Constitution to prevent the OBC class from getting its rights. Disregarding the repeated, clear and strict instructions of the Supreme Court, the BJP govt is depriving the OBC brothers and sisters of their constitutional right of 27% reservation. This is the most disgusting and cruel face of the anti-OBC mentality, which is killing democracy, constitution and social justice. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Is it legal? How to get Internet without paying a subscription? Techno Mag Learn More Undo This conspiracy of the BJP is to enslave more than 50% of the population of Madhya Pradesh and destroy their future which will not be tolerated," he said. LOP Singhar said on Friday, the Supreme Court reprimanded the MP govt in the hearing of OBC reservation case. "The court expressed strong displeasure over the failures, inaction and procrastination of the govt," the LOP said. "The chief secretary was ordered to file an affidavit, in which it has to be clarified what obstacles are coming in the appointments to 13% posts that have currently been put on hold," he said. In 2019, the erstwhile Kamal Nath govt increased reservation for OBCs from 14% to 27% taking total reservations quota to 63%. Patwari said: "The Madhya Pradesh govt makes excuses of those petitions which were filed against the ordinance, whose hearing is pending in the Supreme Court." The Congress leaders said on 25 June, the Supreme Court asked the state govt that when there is no legal obstacle, why is 27% reservation not being implemented? "Still, the BJP govt is engaged in carrying out its anti-OBC conspiracy," Patwari said. Singhar said the Congress demands 27% OBC reservation should be implemented immediately. He said the appointments of OBC candidates selected in the recruitments which were stopped by the govt, should be restored immediately or else the Congress will start its state-wide protests.
&w=3840&q=100)
First Post
an hour ago
- First Post
Trump administration deports eight migrants to war-torn South Sudan despite safety concerns
The fate of the migrants had become a flashpoint in the fight over the legality of the Trump administration's campaign to deter immigration through high-profile deportations to so-called 'third countries' where migrants say they face safety concerns, which has already gone from lower courts to the Supreme Court twice read more The Trump administration has deported to South Sudan eight migrants who had been held for more than a month by the U.S. at a military base in Djibouti, the Department of Homeland Security said on Saturday, after the migrants lost a last-ditch effort to halt their transfer to the politically unstable country. The men were deported on Friday, the July 4 Independence Day holiday in the U.S., Assistant Secretary Tricia McLaughlin said in a press release. STORY CONTINUES BELOW THIS AD 'This was a win for the rule of law, safety and security of the American people,' McLaughlin said. An aircraft carrying U.S. deportees arrived in South Sudan on Saturday, two officials working at Juba airport said. An airport staffer speaking on condition of anonymity told Reuters he had seen a document showing that the aircraft 'arrived this morning at 6:00 am' (0400 GMT). An immigration official also said the deportees had arrived in the country but shared no further details, referring all questions to the National Security Service intelligence agency. Earlier, a South Sudan government source said U.S. officials had been at the airport awaiting the migrants' arrival. The fate of the migrants had become a flashpoint in the fight over the legality of the Trump administration's campaign to deter immigration through high-profile deportations to so-called 'third countries' where migrants say they face safety concerns, which has already gone from lower courts to the Supreme Court twice. South Sudan has long been dangerous even for local residents. The U.S. State Department advises citizens not to travel there due to violent crime and armed conflict. The United Nations has said the African country's political crisis could reignite a brutal civil war that ended in 2018. The eight men, who according to their lawyers are from Cuba, Laos, Mexico, Myanmar, Sudan and Vietnam, had argued their deportations to South Sudan would violate the U.S. Constitution, which prohibits cruel and unusual punishment. STORY CONTINUES BELOW THIS AD They had been held in U.S. custody in Djibouti since a federal judge in Boston in May blocked the Trump administration from immediately moving them to South Sudan over due process concerns. Following additional litigation, the Supreme Court on Thursday sided with the administration, lifting those limits. Two courts considered requests from the migrants' lawyers on an emergency basis on Friday, when courts are otherwise closed for the holiday, but ultimately U.S. District Judge Brian Murphy in Boston said the Supreme Court order required him to deny their bid, clearing the way for their deportation. The location of the men in South Sudan after their arrival was not immediately known.
NDTV
2 hours ago
- NDTV
Interpretation Of Constitution Has To Be "Pragmatic": Chief Justice BR Gavai
Mumbai: Chief Justice of India Bhushan Ramkrishna Gavai on Saturday said the interpretation of law or the Constitution has to be "pragmatic" and in a way that suits the needs of society. Speaking at a felicitation organised for him by the Bombay High Court here, he also mentioned that recently he had received complaints about the rude behaviour of "some of the colleagues", and urged the judges to protect the reputation of the institution. Citing a past Supreme Court judgement, Gavai said any law or the Constitution has to be interpreted in the context of "problems faced by the present generation." "The interpretation has to be pragmatic. It has to be one that suits the needs of society," he added. Judges are expected to work as per their conscience, the oath of office and law, but "should never be perturbed once the matter is decided", he said. A judge should cut off his mind from the matter and forget what happens to it thereafter, he added. Talking about the appointment of judges, the CJI asserted that "at no cost the independence of judiciary shall be compromised". While making appointments either to the Supreme Court or High Courts, the collegium ensures that merit is maintained while there is diversity and inclusiveness, Gavai said. He complimented the Bombay High Court -- where he once practiced as a lawyer and served as a judge -- for its work, and said he feels proud when people appreciate its judgements. The CJI also said that lately he has been "receiving a lot of complaints about the rude behaviour of some of the colleagues." "Being a judge is not a 10 to 5 job, it's an opportunity to serve society. It is an opportunity to serve the nation," he stressed, and urged the judges to be "true to their oath and commitment." "Please do not do anything which brings disrepute to this august institution, whose reputation has been so laboriously built by the devotion and dedication of generations of lawyers and generations of judges," he said. Speaking at another felicitation ceremony later in the evening, the CJI said the Constitution works for every last citizen of the country, be it a judge, lawyer, an executive or a parliamentarian. "Let us dedicate our lives to the eradication of all differences, let us give it ourselves to upholding constitutional values, let us give it ourselves towards the fulfilment of our constitutional promises," he added.
