DISENFRANCHISEMENT IN BIHAR: A CLOSER LOOK AT ELECTORAL ROLL REVISIONS



INTRODUCTION

India, being the largest democracy in the world, conducts the biggest democratic election. In the 2024 Lok Sabha Election, with over 1 billion eligible voters and 1 million polling stations,[1] surpassing the combined populations of Europe and the United States. At the heart of this spectacle process is the Indian voter, a citizen of India, having completed the age of eighteen as per Article 326 of the Indian Constitution, which empowered every citizen of this country with the right to vote.

The authority and responsibility to decide who is eligible to vote and to prepare the electoral roll before every election lies with the Election Commission of India (ECI). Recently, this body has made headlines across the National and international media due to the announcement of Special Intensive Revision in the State of Bihar just a few months before the State assembly election. This move was challenged by various non-profit organisations and MPs in the Supreme Court of India, in violation of Articles 14, 21, 324, 325, and 326 of the Indian Constitution, alleging foul play on the part of the ECI. The SC, on the other hand, had allowed the ECI to continue the procedure as per the schedule, but had asked to include
Aadhar, Voter ID Card, and Ration Card are some of the documents for verification.[2]

Through this blog, I want to untangle the intricacies of the issue by looking at the role of the ECI, the electoral roll, the process of revision, the particulars of Bihar, for instance, and the implications for Indian democracy going forward.

ECI: ROLE AND FUNCTIONS

The Election Commission of India is an autonomous constitutional body responsible for administering election processes at both the national and state levels. Article 324 of the Constitution has empowered it to ensure free and fair elections of the Parliament, State Legislature, and the offices of the President and Vice-President. It has the following vital role in Indian democracy.[3]

       Conducting Elections: To Lok Sabha, Rajya Sabha, and State Legislative Assemblies.

       Electoral Roll Management: Preparing, updating, and maintaining an accurate electoral roll.

      Monitoring Political Parties: To recognize and regulate political Parties, and ensure compliance with the Model Code of Conduct.

      Adjudicating Election Disputes: To review cases of electoral misconduct or violations.

  Voter Awareness: To provide awareness through campaigns like SVEEP (Systematic Voters' Education and Electoral Participation).

Overall, ECI plays a pivotal role in maintaining and preserving the democratic integrity in India.

WHAT'S THE ELECTORAL ROLL?

Section 15 of the Representation of the People Act, 1950,[4] mandates that there shall be an electoral roll for every constituency prepared by the ECI. The electoral roll is the official list of voters in a particular constituency. See it as a dynamic document that needs to be updated regularly to add new voters and delete the names of deceased or migrated individuals. As per Section 19[5] of the Act, the person is entitled to be registered as a voter if they:

       Are a citizen of India

       Are 18 years of age or older on the qualifying date

       They are ordinarily resident in the constituency

Moreover, these electoral rolls are revised from time to time. Section 21(2) of the Representation of the People Act, 1950,[6] directs the ECI to revise the electoral roll before each general election or assembly election unless directed against it by themselves. Section 21(3)[7] further bestows the ECI to conduct a special revision of the electoral roll of any constituency or part of a constituency as they deem fit.

So, this whole process is not new; in fact, this is a constitutional mandate that ECI has to perform to ensure free and fair elections across the country, as pointed out by the Supreme Court in the ongoing case.

THE BIHAR DISENFRANCHISEMENT

The ECI has started the Special Intensive Revision (SIR) of the electoral roll in the state of Bihar on 24 June last month, requiring all 7.9 crore voters to submit the enumeration form, with half of the electors registered after will be required to provide additional documents to prove their date and place of birth. It has further specified 11 papers, such as a birth certificate and a Caste certificate, but notably excluded Aadhar and Ration Card, among the most common documents for an ordinary person in India.[8]

Furthermore, the primary concern about the ongoing Special intensive revision in the state of Bihar is the potential disenfranchisement of a large number of electors, which could potentially affect the marginalised community, and the deletion of genuine voters for various political parties.[9] However, these are some of the ramifications of such revisions that happen occasionally, instead of the alleged foul play by different political parties. Notably, the deletion of voters from the electoral roll is not going to benefit a particular political party because the deletion and addition of an elector is based on their ability to provide required documents as proof of identity and ordinary residence, rather than which party they had voted for in the last Lok Sabha or State Assembly Election.

WHY IS SPECIAL INTENSIVE REVISION REQUIRED?

  To update the voter list: The first and foremost function of such revision is to add new and previously unregistered voters. It is essential to ensure the voters are listed in their respective constituencies.

  One Person - One Vote: These exercises ensure a person is registered in two constituencies, thereby removing duplicate listings.

  Fostering Voter Participation: Through the door-to-door surveys and humongous awareness drives associated with the large-scale revision, the overall participation of the public in government making is promoted.[10]

    Data for policy upgradation: The data collected in these revisions will further support the future policy reforms for the migrant workers.

CONCERNS RELATED TO SPECIAL INTENSIVE REVISION

      Possibility of Large-Scale Voter Exclusion: With the exclusion of essential and commonly used IDs like ration cards and Aadhaar cards, the risk of excluding a notable chunk of the population is pertinent.[11]

       Migrant Workers' Dilemma: It will be difficult for the migrant workers and seasonal labourers to prove their residence, thereby risking their exclusion.[12]

WAY FORWARD

Overall, this process of Special Intensive Revision didn't appear randomly, but rather is the beginning of nationwide revision, which is apparent in the recent reports by various news agencies that chief electoral officers across Delhi, Haryana, and Uttarakhand have begun to prepare for their respective revisions.

Supreme Court’s intervention in the matter and suggestion to include Aadhar, Ration Card, and Voter ID card is indeed a welcome move.[13] However, to make such a humongous process more efficient and fair:

       The ECI should engage all stakeholders, including political parties, civil society, and voter rights organizations.

       The process must be transparent, consultative, and well communicated to maintain public confidence.

       Care must be taken to ensure that vulnerable groups, especially migrants, rural voters, and the urban poor, are not disenfranchised.

To sum up, the electoral roll revision is crucial for a healthy democracy. However, it should be conducted in a balanced, inclusive, and sensitive manner that recognizes India's socio-economic diversity. The Bihar report is a poster child cautionary example, pointing out that procedure must be balanced with voters' rights.

 

 

 

 



[1] Electoral Commission of India, ‘ECI Releases Granular Data of Lok Sabha Elections 2024 and 4 Simultaneous State Assembly Elections’ (Press Information Bureau, 26 December 2024) <https://www.pib.gov.in/PressReleasePage.aspx?PRID=2088064> accessed 10 July 2025

[2] Abraham Thomas, ‘Plea in Supreme Court challenges ECI revision of electoral roll in Bihar’ Hindustan Times (New Delhi, 5 July 2025) accessed 11 July 2025

[3]Election Commission of India, ‘About ECI’ (Election Commission of India, 4 August 2025) <https://www.eci.gov.in/about-eci> accessed 12 July 2025

[4] Representation of the People Act 1950, s 15.

[5] Representation of the People Act 1950, s 19.

[6] Representation of the People Act 1950, s 21(2).

[7] Representation of the People Act 1950, s 21(3).

[8] Abhishek Angad, ‘ECI to begin Special Intensive Revision of electoral roll in Bihar’ Hindustan Times (New Delhi, 25 June 2025) https://www.hindustantimes.com/india-news/eci-to-begin-special-intensive-revision-of-electoral-roll-in-bihar-101750791402831.html accessed 11 July 2025

[9] Sohil Sehran, ‘India bloc flags EC’s ‘disastrous’ SIR plan, says lakhs may lose voting rights in Bihar’ Hindustan Times (New Delhi, 3 July 2025) https://www.hindustantimes.com/india-news/india-bloc-flags-ecs-disastrous-sir-plan-says-lakhs-may-lose-voting-rights-in-bihar-101751476108300.html accessed 12 July  2025

[10] Rangarajan R, ‘Why are Bihar’s electoral rolls being revised? (Explained)’ The Hindu (New Delhi, 7 July 2025) https://www.thehindu.com/news/national/bihar/why-are-bihars-electoral-rolls-being-revised-explained/article69779885.ece accessed 12 July 2025

[11] ibid

[12]  ibid

[13]Suchitra Kalyan Mohanty, ‘“We can’t stop a constitutional body”: SC refuses to stay Bihar voter list revision, allows EC to complete process’ The New Indian Express (New Delhi, 10 July 2025) https://www.newindianexpress.com/nation/2025/Jul/10/citizenship-not-your-domain-focus-on-voter-list-revision-sc-to-election-commission accessed 12 July 2025

 

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