Latest news with #Article326
Time of India
17 hours ago
- Politics
- Time of India
Bihar voter list revision: 20 lakh deceased, over 7 lakh duplicate voters - EC gives update on SIR exercise
Representative image (File) NEW DELHI: The Election Commission (EC) on Wednesday shared details of its ongoing special intensive revision (SIR) of the electoral rolls in Bihar, revealing that 98.01 per cent of voters have been covered in the exercise so far, as of July 23. According to officials, the revision has identified nearly 20 lakh deceased voters and 28 lakh individuals who have permanently migrated from their registered addresses. Moreover, 7 lakh voters were found enrolled at more than one location, 1 lakh were marked as untraceable, and around 15 lakh voter forms were not returned. The EC also stated that 7.17 crore voter forms, roughly 90.89% of the total, have been received and digitised during the process. This is the first time in 22 years that such a revision is being conducted in Bihar. The main objective is to clean up the voter list by removing ineligible, duplicate, or non-existent entries while ensuring that all eligible citizens are included. The move comes amid legal scrutiny, with the Supreme Court and opposition parties questioning the EC's June 24 directive to begin a nationwide SIR, starting with Bihar. In its affidavit defending the decision, the poll panel said: "The SIR exercise adds to the purity of elections by weeding out ineligible persons from the electoral roll. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like AirSense 11 – Smart tech for deep sleep ResMed Buy Now Undo The entitlement to vote flows from Article 326 read with Sections 16 and 19 of the RP Act 1950 and Section 62 of the RP Act 1951 which contains certain qualifications with respect to citizenship, age, and ordinary residency. An ineligible person has no right to vote, and thus, cannot claim a violation of Articles 19 and 21 in this regard. " The EC further clarified that while documents such as Aadhaar , voter ID cards, and ration cards are not mandatory for inclusion, they are being used in a limited way for identity verification during the SIR-2025 exercise. "In addition to the legal concerns already articulated hereinabove, these documents are, in fact, already being considered by the Commission for the limited purpose of identity, during the SIR process," the affidavit added.
Hans India
a day ago
- Politics
- Hans India
EC justifies SIR in Bihar
The Election Commission of India has justified its ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar saying it adds to the purity of the election by "weeding out ineligible persons" from the electoral rolls. The affidavit filed by the poll panel in a plea challenging June 24 order directing SIR of electoral roll pan-India starting from Bihar said despite legal concerns, Aadhaar, voter card and ration card were already being considered by the commission for the limited purpose of identity during the SIR-2025 exercise. "The SIR exercise adds to the purity of elections by weeding out ineligible persons from the electoral roll. The entitlement to vote flows from Article 326 read with Sections 16 and 19 of the RP Act 1950 and Section 62 of the RP Act 1951 which contains certain qualifications with respect to citizenship, age, and ordinary residency.
Time of India
2 days ago
- Politics
- Time of India
Bihar assembly polls: EC's SIR flags discrepancies - '18 lakh dead electors, 7 lakh duplicates'
NEW DELHI: The Election Commission of India on Tuesday flagged major discrepancies in Bihar's electoral rolls revealed from its controversial Special Intensive Revision (SIR). The ongoing survey, EC said, revealed that 18 lakh deceased electors, 26 lakh electors who had been shifted to different constituencies, and 7 lakh electors who had been enrolled at two places. This came after the poll body justified its SIR exercise, which has been questioned by the Supreme Court and the opposition, saying that it added to the purity of the polls by "weeding out ineligible persons" from the electoral rolls. "The SIR exercise adds to the purity of elections by weeding out ineligible persons from the electoral roll. The entitlement to vote flows from Article 326 read with Sections 16 and 19 of the RP Act 1950 and Section 62 of the RP Act 1951 which contains certain qualifications with respect to citizenship, age, and ordinary residency. An ineligible person has no right to vote, and thus, cannot claim a violation of Articles 19 and 21 in this regard," EC said in an affidavit. "In addition to the legal concerns already articulated hereinabove, these documents are, in fact, already being considered by the Commission for the limited purpose of identity, during the SIR process," it added. In its affidavit responding to a plea against the June 24 order mandating a nationwide SIR of the electoral roll beginning with Bihar, the Election Commission said that, despite legal concerns, documents like Aadhaar, voter ID, and ration cards were already being used in a limited capacity for identity verification during the SIR-2025 exercise. "A bare perusal of the enumeration form issued under the SIR Order reveals that the Aadhaar number may be voluntarily furnished by a person furnishing the enumeration form. Such information is utilised for the purpose of identification, in accordance with Section 23(4) of the Representation of the People Act, 1950, and Section 9 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016," it said. The Supreme Court, on July 10, directed the EC to treat Aadhaar, voter ID, and ration cards as valid identity documents during its ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar, which is scheduled to hold elections later this year. The matter is slated for the next hearing on July 28.
News18
2 days ago
- Politics
- News18
Bihar Poll Roll Overhaul: Won't Lose Citizenship If Rejected By SIR, Election Commission Tells SC
In an 88-page affidavit, the ECI defended the SIR process as a constitutional mandate to maintain the purity and integrity of electoral rolls The Election Commission of India (ECI) has assured the Supreme Court that a person would not lose Indian citizenship if found ineligible for registration in the electoral rolls under the ongoing special intensive revision (SIR) in poll-bound Bihar. This assurance addressed concerns from opposition parties and civil society groups that the exercise might lead to mass disenfranchisement and act as a 'citizenship screening" drive. In an 88-page affidavit filed on Monday, the ECI defended the SIR process as a constitutional mandate to maintain the purity and integrity of electoral rolls. The commission emphasised its legal and constitutional authority to request proof of citizenship to enable the right to vote. However, it clarified that ineligibility under Article 326 (adult suffrage) does not affect citizenship status, which is determined by the ministry of home affairs. The electoral roll revision began on June 24, with a comprehensive house-to-house enumeration in Bihar, requiring all 7.8 crore existing electors to submit new forms by July 25. The draft rolls will be published on August 1, followed by a claims and objections period until September 1, with the final rolls due on September 30. Petitioners, including the Association for Democratic Reforms (ADR) and various political figures, have expressed concerns about the timing of the exercise near the November 2025 assembly elections, the burden of proof on citizens, and the exclusion of common documents like Aadhaar, voter ID cards (EPICs), and ration cards from the list of accepted documents. Although the Supreme Court has allowed the SIR to proceed, it has suggested that Aadhaar, voter ID, and ration cards should be considered for verification. However, the ECI reiterated that these documents cannot be accepted as 'standalone documents" for SIR, citing reasons such as Aadhaar only being proof of identity and the prevalence of fake ration cards. The poll body assured rigorous safeguards to prevent the exclusion of eligible voters and maintained that the process is transparent and fair, with nearly 90% of electors having already submitted their forms by July 18. view comments First Published: July 22, 2025, 17:04 IST Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
The Print
2 days ago
- Politics
- The Print
Can't accept Aadhaar, ration card, voter ID as standalone docs—ECI to SC on Bihar electoral roll revision
The court is hearing a batch of petitions filed by several petitioners including Trinamool Congress (TMC) MP Mahua Moitra, Bharat Jodo Abhiyan national convener Yogendra Yadav, Rashtriya Janata Dal (RJD) MP Manoj Jha, and non-profit organisations Association for Democratic Reforms (ADR) and People's Union for Civil Liberties (PUCL). 'Determination of non-eligibility of anyone under Article 326 will not lead to cancellation of citizenship,' it says. New Delhi: The citizenship of an individual will not be terminated if he or she is found to be ineligible for registration in electoral rolls under the Special Intensive Revision (SIR) exercise being undertaken in Bihar, the Election Commission of India (ECI) has told the Supreme Court. The petitioners have alleged that the exercise is arbitrary, and have also questioned the timeline as well as the timing of the exercise, with the Bihar assembly elections set to take place later this year. This, they say, can lead to removal of lakhs of genuine voters from the electoral rolls, leading to their disenfranchisement. Earlier this month, the Supreme Court declined to intervene in the SIR, while raising questions about the timing of the exercise. It also asked the ECI to consider the Aadhaar card, its own voter ID card, and ration card as one of the documents for the verification drive. The matter is listed next for 28 July. In its response filed Monday, the ECI said that while it is collecting Aadhaar numbers, these will be used for limited purposes related to verifying the identity of individuals. Asserting that Aadhaar is not proof of citizenship, it said that this does not mean that Aadhaar cannot be used to 'supplement other documents to prove eligibility'. As for ration cards, it said they were not included in the list of acceptable documents in the SIR exercise 'given the widespread existence of fake ration cards'. However, accepting that the list of 11 documents provided for the SIR is not exhaustive, it said that the Electoral Registration Officer (ERO) or Assistant Electoral Registration Officer (AERO) is obligated to consider all documents, including ration cards, presented to him as proof of eligibility. The ERO or AERO then decides whether to accept or reject the documents on a case-by-case basis. As for Elector Photo Identity Cards (EPIC), the ECI said that while the EPIC number features in the enumeration form, it cannot be treated as proof of eligibility for inclusion in the electoral roll during the ongoing SIR, because 'the same revision constitutes a de novo preparation of the electoral roll'. 'The EPIC cards are prepared on the basis of electoral rolls. Since the electoral roll itself is being revised, the production of EPIC cards will make the whole exercise futile,' it asserts. The Commission asserted that all three documents are 'already being considered by the Commission for the limited purpose of identity, during the SIR process', but added that these documents are not included as 'sufficient standalone documents' for screening eligibility of voters under Article 326. The ECI submission seems to be an effective rejection of the Supreme Court's suggestion during the last hearing to consider the Aadhaar, voter ID and ration cards as acceptable documents for updating the electoral rolls. While ECI has been emphasising on the fact that Aadhaar isn't proof of citizenship, the court had emphasised on how most of the documents on the list may not be proof of citizenship as well. 'Why citizenship? only identity. None of these illustrative documents that you listed or by themselves proof of citizenship,' Justice Bagchi was quoted as saying during the last hearing. However, taking the same defence, the ECI has now pointed out that the enumeration form for the exercise has the elector's EPIC number and allows Aadhaar to be mentioned optionally. In effect, it told the Supreme Court that these three documents would not be placed at the same pedestal as the other 11 documents, and that they would not be acceptable as standalone documents to add people to the electoral roll. Also read: No legal, valid 'citizenship' document that's issued—how it puts big question mark on ECI's Bihar exercise 'On the basis of Citizenship law' The ECI's affidavit asserts that it has the power to scrutinise whether a proposed elector fulfils the criteria for being registered as a voter in the electoral rolls. The criteria, it said, include an assessment of citizenship according to Article 326 of the Constitution. While the petitioners have submitted that only the Central government can look into citizenship of people, the ECI has submitted that 'aspects related to citizenship can be inquired into by other relevant authorities for their purposes, including those who are constitutionally obligated to do so, i.e., the ECI'. 'The ECI is fully competent to require a person claiming citizenship by birth to produce relevant documents for inclusion in the electoral roll…it is submitted that the ECI, being a constitutional body, would have constitutional authority to determine whether the constitutional requirement of citizenship has been fulfilled by a person claiming the right to be included in the electoral roll,' it added. In fact, the ECI has submitted that Section 3 of the Citizenship Act 1955 is the basis for the segregation of age groups for the enumeration process in the SIR exercise. Section 3 pertains to citizenship by birth. It says that those people will be considered citizens by birth who are born in India on or after 26 January 1950 but before 1 July 1987, or those who are born after 1 July 1987 but before the commencement of the Citizenship (Amendment) Act 2003 and either of whose parents is a citizen of India. Those born after the CAA 2003 shall be citizens of India by birth when both of their parents are Indian citizens or when one parent is an Indian citizen and the other is not an illegal immigrant. The ECI has said that those electors whose names feature in the electoral roll of 2003 don't need to submit any additional document. They can attach a copy of the roll with the form. Others, who do not find their names in the 2003 electoral rolls, are segregated into different categories. Those born before 1 July 1987 have to provide a document for themselves, those born between 1st July 1987 and 2 December 2004 have to include documents for themselves and one parent, and those born after 2 December 2004 need to submit documents for themselves and both their parents. 'Documents cover Bihar population' Before the Supreme Court, the petitioners have raised several concerns regarding the 11 documents that the ECI lists for its SIR exercise. For instance, Prof Manoj Kumar Jha's petition cites various government surveys and data to highlight that only a negligible portion of Bihar's population holds several of these documents—including birth certificates, passports, permanent residence certificates and identity card/pension payment orders issued to regular government employees. It also points out that at least two items on this list—NRC and family register—do not apply to Bihar. Denying the petitioners' allegations, the ECI told the Supreme Court that the 11 documents listed by it for the SIR exercise cover a large portion of the population. Referring to each of these documents, it said, 'An approximate estimation of the total number of documents issued in Bihar, amongst some of the 11 categories of the indicative documents, is approximately 3 times the total number of potential electors i.e. 7.90 crore in the State.' The ECI explained that in case the Electoral Registration Officer (ERO) has any doubts about the eligibility of any elector, 'due to non-submission of requisite documents or otherwise', the ERO will start a suo motu inquiry and issue notice to the proposed elector, asking why his or her name should not be deleted. 'The ERO will then decide on inclusion of such proposed electors in the final roll based on documentation, field inquiry or otherwise…In such cases, the ERO shall pass a speaking order which is subject to appeal in accordance with the applicable provisions of the RP Act and Registration of Electors Rules 1960,' it added. The petitioners have also submitted that those electors already on the electoral rolls of 2025 are presumed to be verified and that the ECI cannot initiate an inquiry against them or mandate production of documents to ascertain the citizenship of existing electors. However, the ECI called these assertions 'misconceived and contrary to the laws in force and entirely unsustainable'. Political parties helping ECI The ECI points out that this is the first time that all political parties have been 'so involved' at this scale in intensive revision exercises, with all political parties appointing more than 1.5 lakh Booth Level Agents (BLA) to work in tandem with Booth Level Officers (BLO) , to reach out to eligible electors. According to the party-wise list shared by the ECI, the BJP has appointed the most number (52,698) of BLAs, followed by the Rashtriya Janata Dal (47,506), the Janata Dal (United) (35,799) and the Indian National Congress (16,676). The Aam Aadmi Party has just one BLA on ground. The affidavit informed the court that political parties had been given a list of electors whose enumeration forms had not been received, enabling them to trace these individuals and get their enumeration forms through their BLAs 'so no one can be left out'. At the same time, the affidavit added that some of the petitioners were MPs and MLAs from recognised political parties in Bihar, and all these political parties were assisting in the SIR exercise by providing BLAs. 'While some of the petitioners are participating in the SIR and at the same time objecting here to the transparent exercise conducted by the ECI. These facts were within the knowledge of Petitioners but not disclosed before this Hon'ble Court, and have been deliberately suppressed,' it says. 'Misleading facts' The ECI also objected to the petitions relying on newspaper articles and columns, asserting that most of these articles had been contributed by the petitioners themselves. These articles, it said, were 'replete with misleading facts, and a deliberate attempt has been made to twist the narrative against the SIR exercise and portray the Respondent (ECI) in poor light'. 'The newspaper articles relied upon by the Petitioners to drum up a narrative of exclusion should be discarded in totality,' it said. The ECI's response also called the petitions premature, saying that 'the ECI is well within its jurisdiction to conduct an SIR of the electoral roll. Moreover, the SIR exercise is inclusionary and every attempt has been made by the ECI and its officials to ensure that no eligible elector is excluded from the electoral roll'. (Edited by Sugita Katyal) Also read: Nitish is not fit to continue as CM, NDA will lose power in Bihar come November—Prashant Kishor
