THE ASSOCIATION FOR DEMOCRATIC REFORMS (‘ADR’), an organisation working in the field of electoral reforms, has approached the Supreme Court of India to challenge the Election Commission of India’s (‘ECI’) decision to direct a Special Intensive Revision of Electoral Rolls in Bihar ahead of the assembly elections.
ADR contends that if the ECI’s order, issued on June 24, is not quashed, it will arbitrarily and without due process disenfranchise lakhs of voters, thereby disrupting free and fair elections and undermining democracy, which forms part of the basic structure of the Constitution.
On June 24, the ECI issued an order for a Special Intensive Revision (‘SIR’) of Electoral Rolls, describing it as an effort to ensure that all eligible citizens are included in the electoral roll to exercise their franchise, that no ineligible voters are included, and to introduce complete transparency in the process of adding or deleting electors. The last intensive revision in Bihar was conducted by the ECI in 2003.
As part of the SIR ordered by the ECI ahead of the Bihar assembly polls, residents whose names did not appear in the 2003 electoral rolls must provide one of 11 specified documents to prove their citizenship. Notably, Aadhaar and ration cards are not included among these documents.
The acceptable documents are:
1. Any identity card or Pension Payment Order issued to regular employees or pensioners of Central/State Government or Public Sector Undertakings (PSUs).
2. Any identity card, certificate, or document issued in India by the government, local authorities, banks, post offices, Life Insurance Corporation (LIC), or PSUs prior to July 1, 1987.
3. Birth certificate issued by a competent authority.
4. Passport.
5. Matriculation or educational certificate issued by recognized boards or universities.
6. Permanent residence certificate issued by a competent state authority.
7. Forest Rights Certificate.
8. OBC/SC/ST or any caste certificate issued by a competent authority.
9. National Register of Citizens (where applicable).
10. Family Register prepared by state or local authorities.
11. Any land or house allotment certificate issued by the government.
In its petition, ADR argues that the SIR’s requirement for citizenship documentation disproportionately affects marginalised communities, including Muslims, Scheduled Castes, Scheduled Tribes, and migrant workers, who may lack access to such documents.
The petition asserts, “The declaration required under the SIR process violates Article 326 of the Constitution, as it mandates voters to provide documents proving their citizenship and that of their parents, failing which their names may not be added to the draft electoral roll or may be deleted from it.”
