Bihar Rolls: Why Is the Election Commission Sending Out Conflicting Notifications?

The Wire

18 hours ago

Could the EC's confusing ad be encouraging people without documents to submit a form, thus allowing it to build a list of those who cannot prove their eligibility?
In this image released by @ECISVEEP via X on June 9, 2025, Chief Election Commissioner Gyanesh Kumar during an interaction with the Indian Diaspora in Stockholm, Sweden. Photo: PTI
The Election Commission of India's voter re-verification drive in Bihar descended into chaos this weekend after it sent a volley of conflicting messages. The signals suggest the ECI is scrambling to shield itself from rising legal and public pressure.
It began with a newspaper ad in Bihar that seemed to reverse the ECI's strict document rules. 'If the necessary documents and photo are not available,' it said, 'then just fill the enumeration form and make it available to the BLO.'
Critics immediately called it a retreat. Journalist Ravish Kumar declared it an opposition victory, posting on X, 'The Election Commission has made a significant change... Now, let the Commission explain why this campaign is happening?'
But the ECI quickly rejected this view. It insisted on X that its activities followed its June 24 order and that voters could submit documents later. Officials then told The Times of India the list of 11 documents was always 'indicative, not exhaustive.' Annexure C in the ECI's June 24 order says the same. This flexibility, however, had a catch. Aadhaar, a document held by over 90% of Biharis, would likely still be rejected.
The state's political opposition condemned the mixed signals. Rashtriya Janata Dal leader Tejashwi Yadav said today, July 7, that his alliance had 'deep worry over the contradictory directions and advertisements issued by the Election Commission of India.'
Yadav's statement captured a growing suspicion; that the ECI, facing a Supreme Court hearing on July 10, is making a strategic move. Analysts see two possible motives.
First, the ECI may be trying to save a failing project.
The logistics have been repeatedly questioned. With just 18 days to the deadline, its own data showed only 21.5% of 7.9 crore forms had been collected. The digitisation bottleneck is worse: only 7.25% of forms are uploaded to the central portal. By getting people to submit forms even without documents, the ECI can tell the Supreme Court that millions of forms are already in. It can then argue that stopping the process now would be wasteful.
Second, and more alarming, the ad may be a Trojan horse. By encouraging people without documents to submit a form, the ECI could be building a list of those who cannot prove their eligibility.
Electoral Registration Officers (EROs) could then use this list under the controversial Clause 5(b) to refer 'suspected foreign nationals' to citizenship tribunals. The ad would become not a concession, but a tool to efficiently target people for disenfranchisement and potential deportment.
Representing the RJD in the Supreme Court today, Senior Advocate Kapil Sibal called the one-month timeline an 'impossible task.' Across the petitions, the core arguments warn of a looming constitutional crisis:
RJD MP Manoj Jha argued the process is a 'tool for institutionalised disenfranchisement' that ' disproportionately targets Muslim, Dalit and poor migrant communities ' by excluding documents like Aadhaar.
Trinamool MP Mahua Moitra argued the drive introduces citizenship rules not found in the Constitution and alleges the plan will be repeated in West Bengal.
The Association for Democratic Reforms (ADR) noted the ECI failed to provide the legally required 'reasons to be recorded' for such a drastic step so soon after a routine revision.
The People's Union for Civil Liberties (PUCL) called the process obsolete and costly, risking the defeat of 'democracy using the very tools of democracy' by creating 'exclusionary administrative mazes.'
A sharp opinion from former Chief Election Commissioner Ashok Lavasa adds weight to these fears. He questioned why the ECI would use a rule that risks stripping citizens of their vote, instead of its own 'time-tested procedure,' especially in a country 'where no citizenship document is issued by the government.'
While scheduling the hearing, the Supreme Court offered a clue to its thinking. Justice Sudhanshu Dhulia noted that the July 25 deadline 'doesn't have sanctity as elections have not been notified as yet.'
Caught between a logistical mess, a storm of legal challenges, and sharp criticism from a former election commissioner, the ECI's efforts to control the story have only deepened the crisis. All eyes now turn to the Supreme Court, which will rule on a process that threatens the fundamental rights of millions.
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