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Hans India
3 days ago
- Politics
- Hans India
Supreme Court To Hear Challenges Against Bihar's Electoral Roll Revision
Multiple petitions challenging the Election Commission's Special Intensive Revision of Bihar's electoral rolls are scheduled for hearing in the Supreme Court today. The legal challenge comes from various quarters including transparency advocacy group Association for Democratic Reforms (ADR), activist Yogendra Yadav, Trinamool Congress MP Mahua Moitra, and several political parties who have termed the exercise both "arbitrary" and "unconstitutional." The controversy centers around the Election Commission's June 24 announcement of a comprehensive revision of voter lists ahead of Bihar's assembly elections scheduled for October-November. This Special Intensive Revision represents an unprecedented approach where all registered voters must re-establish their eligibility through fresh documentation and applications. The Election Commission has defended this exercise by pointing to several factors including rapid urbanization and migration patterns, the need to include newly eligible 18-year-olds and previously unregistered citizens, unreported deaths in voter records, and concerns about foreign illegal immigrants appearing on voter rolls. The commission aims to complete draft electoral rolls by August 1, followed by a period for objections and scrutiny. Opposition parties and civil society groups have raised serious concerns about the implementation and potential consequences of this revision. They argue that the process fundamentally shifts the burden of proof onto individual citizens, requiring them to submit fresh applications with documentary evidence of citizenship by July 25, 2025. The requirements exclude commonly held documents like Aadhaar cards and ration cards, instead mandating proof of parents' identity and other documentation that may be difficult to obtain. The petitioners argue that this approach violates Article 32 of the Constitution and undermines the universal right to adult suffrage. They contend that given Bihar's high rates of migration and displacement, requiring documents dating back decades could potentially disenfranchise millions of eligible voters. The timeline for completion has also been criticized as unrealistic, requiring the training of approximately 100,000 Block Level Officers within a month during Bihar's monsoon and flood season. The legal challenge has been accompanied by political protests, with the INDIA bloc organizing a 'Bihar bandh' on July 9 to oppose the revision exercise. Opposition leaders including Congress's Rahul Gandhi and RJD's Tejashwi Yadav have participated in demonstrations against what they view as a systematic attempt to manipulate voter rolls. The Election Commission has remained firm in its position, citing Article 326 of the Constitution which defines voter eligibility criteria. The commission has also claimed that over 57% of the state's 7.9 million current voters have already submitted new enumeration forms, with scrutiny of these applications now underway. The Supreme Court's decision on these petitions could have significant implications for how electoral roll revisions are conducted across India and may influence the timeline for Bihar's upcoming assembly elections.
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Business Standard
5 days ago
- Politics
- Business Standard
Explained: Why Bihar's electoral roll revision is sparking debate Election Commission
Explained: Why Bihar's electoral roll revision is sparking debate | Election Commission | Election A new controversy has gripped Bihar over the Election Commission's recently announced Special Intensive Revision. Critics argue that the exercise has the potential to exclude lakhs of voters in the state. Opposition parties and civil society groups like PUCL and the Association for Democratic Reforms have even approached the Supreme Court to challenge the move. Watch the video to understand what Bihar's electoral roll revision entails, why the EC believes it's necessary, and what the major criticisms are.
Time of India
6 days ago
- Politics
- Time of India
Now, RJD, Moitra & PUCL move Supreme Court
After the Association for Democratic Reforms, multiple petition filed by different parties, including NGO People's Union for Civil Liberties (PUCL), TMC MP Mahua Moitra and RJD , have approached Supreme Court against Election Commission 's special intensive revision (SIR) of Bihar's electoral rolls and told the court that the exercise is illegal and calculated to disenfranchise the state's mobile migrant population which works across India but returns home to exercise their democratic right to vote. The parties are likely to mention the case before SC on Monday for urgent hearing. Moitra, in her petition, submitted that the impugned order unlawfully shifted the burden of proving eligibility from the State to the individual elector and arbitrarily excludes commonly accepted identity documents such as Aadhaar and ration cards. Shifting of the burden of voter authentication onto the citizens, and to view every citizen with suspicion until proven otherwise, is a breach of the constitutional spirit, and also is in direct contravention of the statutory scheme to which EC is bound, she said. PUCL, which moved SC through advocate Talha Abdul Rahman, submitted that the timing of the decision appears "deliberately to disenfranchise Bihar's mobile workforce during crucial electoral periods".
Hans India
05-07-2025
- Politics
- Hans India
Plea in SC challenges revision of electoral rolls in Bihar
New Delhi: Association for Democratic Reforms (ADR) has moved a writ petition before the Supreme Court challenging the Election Commission of India's (ECI) decision to revise electoral rolls in Bihar ahead of the ensuing Assembly polls. As per the petition, order of Special Intensive Revision (SIR) of electoral rolls in Bihar, if not set aside, can 'arbitrarily' and 'without due process' disenfranchise lakhs of voters from electing their representatives, and disrupt free and fair elections and democracy — a part of basic structure of the Constitution. '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 (SIR) further make this exercise bound to result in removal of names of lakhs of genuine voters from electoral rolls leading to their disenfranchisement,' contended the petition. It added that the SIR order issued on June 24 by the ECI excluded identification documents such as Aadhar or ration cards, which make marginalised communities (such as SC, STs and migrant workers) and the poor more vulnerable to exclusion from voting. The declaration as required under the SIR process is violative of Article 326 in so far as it requires a voter to provide documents to prove his citizenship and also the citizenships of his mother or father, failing which his name would not be added to the draft electoral roll and can be deleted, further stated the petition. It said, 'The ECI has issued unreasonable and impractical timeline to conduct SIR in Bihar with close proximity to state (Assembly) elections, which are due in November 2025.' Referring to reports from Bihar, the plea claimed that lakhs of voters from villages and marginalised communities do not possess the documents being sought from them, and they should not be excluded from voting due to the stringent requirements as mentioned in the SIR order. The petition said that the ECI's directive, issued under Section 21(3) of the Representation of the People Act, 1950, lacks recorded reasons supported by any evidence or transparent methodology, rendering it 'arbitrary' and thus liable to be struck down. As per the plea, the requirement of citizenship documents contravenes the requirement of specific grounds for deletion of names from electoral rolls (e.g., death, non-residence, or disqualification under Section 16 of the Representation of the People Act, 1950). Saying that since 2003, five general elections and five Assembly elections have taken place in Bihar with continuous addition and deletion of names in electoral roll, the petition said that the manner in which ECI has issued SIR orders in a poll bound state like Bihar, has raised questions from all stakeholders, particularly the voters. It added that there is no reason for such a 'drastic exercise' in a poll-bound state in such a short period of time, violating the right to vote of lakhs of voters.
Scroll.in
05-07-2025
- Politics
- Scroll.in
Association for Democratic Reforms moves SC challenging EC's Bihar voter roll revision
The Association for Democratic Reforms on Saturday filed a petition in the Supreme Court against the Election Commission conducting a special intensive revision of Bihar's electoral rolls, saying that the order is arbitrary and can disenfranchise millions of voters, Live Law reported. 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.
