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India Gazette
8 hours ago
- Politics
- India Gazette
ECI reaffirms commitment to universal adult suffrage amid revision of electoral rolls in Bihar
New Delhi [India], July 9 (ANI): As tensions rise over the ongoing Bihar Bandh and debates surrounding voter list revisions, the Election Commission of India (ECI) has taken a significant step to reaffirm constitutional principles. The Election Commission of India (ECI) has posted an image on its 'X' account highlighting Article 326 of the Constitution of India, which mandates universal adult suffrage, ensuring every Indian citizen above 18 years of age can vote unless disqualified. The provision, introduced in 1989 to lower the voting age from 21, underscores India's commitment to broader democratic participation. 'Article 326 - Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage. The elections to the House of the People and the Legislative Assembly of every State shall be on the basis of adult suffrage, that is to say, every person who is a citizen of India and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election,' posted by ECI on X. On June 24, the Election Commission of India (ECI) announced that it would begin a Special Intensive Revision (SIR) of the electoral rolls in Bihar ahead of the state's assembly elections. The exercise aims to revise the electoral rolls in the state to include all eligible voters and eliminate those who are ineligible from the voter list. The notification stated that the ECI would 'scrupulously' adhere to the Constitutional provisions regarding the eligibility and disqualification of voters during the revision of the electoral roll. This, the ECI said, was clearly laid down under Article 326 of the Constitution of India and Section 16 of the Representation of People Act, 1950 (RPA). Article 326 states that any person above the age of 18 is eligible to vote. Section 16 sets out the criteria for a person who is disqualified from voting. These criteria include not being a citizen of India, being of unsound mind, or being disqualified from voting under any law related to corrupt practices and other election offences. In early July, the Association for Democratic Reforms, Swaraj Party member and activist Yogendra Yadav, moved the Supreme Court under Article 32, challenging the ECI's notification. They claim that the SIR is arbitrary and violative of the universal right to adult suffrage. The petitions note that the identification process shifts the burden of proof onto individual citizens, requiring them to submit fresh applications and provide documentary evidence of citizenship by 25 July 2025. The petitions argue that the exercise excludes indicators such as Aadhaar and ration cards, and makes the proof of parents' identity mandatory. Given Bihar's high rates of poverty and migration, such requirements may disenfranchise millions. The petitions also criticise the short timeframe and absence of prior consultation, arguing that the exercise undermines democracy, equality, and the right to vote, particularly for the most vulnerable. The petitions request an immediate stay of the SIR. In the meantime, the ECI has published notices on the smooth implementation of the SIR in the State on July 4 and 5 on its official website. On July 6, the ECI issued a press release stating that the initial phase of the SIR has been completed. Notably, the release clarifies that there has been no change in the SIR process, and it will continue as per the notification released on June 24. Moreover, it carries the phrase: 'No changes made in SIR as being rumoured by some'. On July 7, 2025, the Supreme Court agreed to hear petitions challenging the SIR. The matter will be taken up on 10 July 2025. Earlier today, Congress MP and Leader of Opposition (LoP) in Lok Sabha Rahul Gandhi, along with Rashtriya Janata Dal (RJD) leader Tejashwi Yadav, led the 'Bihar Bandh' protest in Patna against the Election Commission of India's (ECI) decision to undertake the Special Intensive Revision SIR) of the electoral rolls ahead of the Bihar Assembly elections. Several senior leaders of the Indian National Developmental Inclusive Alliance INDIA) Bloc members, including CPI General Secretary D. Raja, CPI (Marxist-Leninist) Liberation leader Dipankar Bhattacharya, Bihar Congress President Rajesh Ram, Kanhaiya Kumar, and Sanjay Yadav, also participated in the protest. Independent MP from Purnea, Pappu Yadav, joined the demonstrators at the Sachiwalay Halt railway station, raising slogans such as 'Chunav Aayog hosh mein aao' (Election Commission, come to your senses). As part of the protest, Congress workers blocked the railway track at Sachiwalay Halt station, demanding a rollback of the ECI's move. (ANI)
Mint
a day ago
- Politics
- Mint
Why Election Commission's Bihar SIR exercise has received widespread criticism
On the face of it, the Special Intensive Revision (SIR) of the electoral rolls in Bihar ordered by the Election Commission (EC), should not be considered unexceptionable. Article 324 of the Constitution empowers the EC to oversee elections. Article 326 directs that the franchise be limited to all adult Indian citizens. The updating of electoral rolls is supported by the Registration of Electoral Rules, 1960 and the Representation of Peoples' Act, 1950. The last SIR in Bihar was undertaken in 2003 and there have been annual summary revisions in many states since then. So, why has the electoral roll revision in Bihar, going to the polls in a few months' time, stoked such widespread discontent? Critics see in it a fiendish move, an audacious attempt at mass disenfranchisement of Indian citizens. Wrote social activist Yogendra Yadav in a column: ``In effect this is, as critics have alleged, a move at votebandi, following notebandi (demonetisation) and deshbandi (lockdown). Dumb at best and diabolic at worst, this draconian policy shift could end up taking away the only right that crores of ordinary Indians have had — the right to vote.'' The outrage may well lie in the explanation the EC has offered for the revision. These include migration, need to weed out foreign illegal immigrants, to include newly eligible voters and delete the names of the dead. The EC's order is clear: Every voter will have to fill out the enumeration form with a current photograph, signatures, some basic details, plus proof of citizenship. Those who had their names on the electoral rolls (ER) of 2003 (presuming the exact name and residence have not changed) have a shortcut. They can attach a copy of the page carrying their name in the ER-2003. That will be accepted as proof of their citizenship. The EC has claimed that 4.96 crore people (63% of those currently on the ER) will be able to take this shortcut, leaving less than 3 crores to prove their eligibility. Rahul Shastri in The Hindu debunks this claim saying that the EC did not consider the number of deaths, migration and shifting of residence since 2003! He demonstrates that the correct figure is closer to 3.16 crore. In a first, the onus of being on the voters' list has been shifted from the state to the citizen. Those who fail to submit fresh enumeration forms by July 25 will automatically be left out of the draft rolls. Also, for the first time, every person would be required to provide documentary proof of their citizenship to qualify to be on the voters' list. In other words, it is not enough to have an Aadhaar card, the EC's photo identity card, ration card or MGNREGA job card, as none of them would be accepted by the ECI to enrol someone as a voter. While political hackles have been raised with Rashtriya Janata Dal (RJD) and CM-aspirant Tejaswi Yadav announcing a general strike on July 9, the matter has reached the Supreme Court. The Association for Democratic Reforms (ADR), a non-governmental organisation (NGO), has approached the apex court questioning the manner and timing of the EC's decision to undertake the SIR of electoral rolls. In its public interest litigation (PIL), ADR said SIR needs to be set aside, as insisting on people to prove their citizenship and that of their parents within short notice and without relying upon easily available identity documents such as Aadhaar card will potentially disenfranchise nearly 3 crore voters. A Special Summary Revision (SSR) was carried out in the state between October 29, 2024, and January 6, 2025, to address issues of migration and ineligible voters due to death or other reasons. Pointing this out, the petition said, '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.' The Supreme Court on July 7 agreed to hear on July 10 a batch of petitions challenging the decision of the EC. Says DM Diwakar, former director at Patna's AN Sinha Institute and currently with the Development Research Institute, Jalsain: ``Let us face the truth — the kind of proof the ECI is demanding, simply does not exist with most people because the state never supplied them the papers it demands of them today.'' According to him, it is tragic that at this time of the year, when the farmers are facing a drought-like situation, slogging to cultivate their crops, the EC is demanding documents that they may not be able to produce in time. In addition, there are other implications, says Diwakar. ``Many voters were born here. If left out of the electoral roll, they may not qualify for benefits and government programmes in the future. It is a downright anti-poor move.' A consensus on the number of voters is also elusive, for the moment. The EC on July 6 issued an advertisement in all the vernacular dailies urging the 7.8 crore voters to fill their enumeration form and submit it to their respective block level officers (BLOs) without attaching any document. The draft roll will be published in August wherein any voter may raise objections or get the anomalies corrected. The final draft of the voters' list will be published in September. Political sources suggest that the main trigger for the SIR may be to weed out illegal Bangladeshi migrants in some parts of Bihar, notably the Seemanchal area, which constitutes the districts of Purnea, Kishanganj, Araria and Katihar. The BJP has for years campaigned against illegal migrants. Political analyst Amitabh Tewari says it is important to focus on citizenship rights. ``It is interesting to note that Form 6 of the EC, which admits fresh voters, does not have a column on citizenship rights. Noone can say, why. So, what should have been done in the first instance, is now being done in Bihar.' The bone of contention is not so much the legalities but the manner of its execution. Former chief election commissioner TS Krishnamurthy told this reporter: ``The CEC is well within its rights to call for a revision of the voters list. While some people have expressed concern over the timing, the EC is more than ready. They have already appointed 77,895 BLOs and 20,603 more are expected to join in.'' He adds, however, that such decisions are taken in consultation with political parties and that needs time. In effect this is, as critics have alleged, a move at votebandi, following notebandi (demonetisation) and deshbandi (lockdown). And therein may lie the difference. Analyst Diwakar points out that unlike 2025, in 2003, when it was last held, the SIR was an extensive exercise with several rounds of discussions with political parties, before the final announcement. This decision by the EC, announced on June 24, was a bolt out of the blue.
NDTV
3 days ago
- Politics
- NDTV
Supreme Court Refuses Interim Stay On Election Body's Bihar Roll Revision
New Delhi: The Supreme Court will hear on Thursday the challenge against the Election Commission's Special Intensive Revision (SIR) of the voter list in poll-bound Bihar. The court accepted the petitioners' request for an urgent hearing in the matter, but refused to pause the exercise. Four petitions have been filed in the Supreme Court, challenging the poll body's revision of voter lists months ahead of the Assembly polls. The petitioners are Rashtriya Janata Dal (RJD) MP Manoj Jha, poll watchdog Association for Democratic Reforms, rights body People's Union for Civil Liberties, activist Yogendra Yadav and Trinamool Congress MP Mahua Moitra. Appearing for the petitioners, Senior Advocates Kapil Sibal, Abhishek Singhvi, Shadan Farasat and Gopal Sankaranarayanan sought an urgent hearing. They said the revision exercise would lead to the removal of lakhs of names from voter lists and women and the underprivileged will be worst-hit. The matter concerns lakhs of voters, Mr Sibal said. What Is Special Intensive Revision Launched on June 24, the Special Intensive Revision aims to add the names of eligible citizens to the voter list and weed out ineligible voters. The last such revision for Bihar was carried out in 2003. The Election Commission has said multiple reasons, such as rapid urbanisation, frequent migration, young citizens becoming eligible to vote, non-reporting of deaths, and the inclusion of names of foreign illegal immigrants, have made this revision necessary. How Will This Be Done The Election Commission has said Booth Level Officers (BLOs) will conduct a house-to-house survey to verify voters by reviewing documents. The poll body has said it will strictly follow provisions regarding voter eligibility and grounds for disqualification. The Election Commission has said poll officials have been asked to ensure that genuine electors, particularly old, sick, Persons with Disabilities (PwD), poor and other vulnerable groups, are not harassed. It has also sought help from political parties to ensure discrepancies are resolved at the preparation stage of the revised voter roll. BJP vs Opposition The Congress has said the voter list revision carries the risk of "willful exclusion" of voters using state machinery. "Lakhs of union and state government officials will now control and dictate who has correct documents and who doesn't, who gets to vote in the upcoming Bihar elections etc. This carries a huge risk of willful exclusion of voters using the power of the state machinery," it has said. Tejashwi Yadav, Leader of the Opposition in Bihar Assembly, has said this revision months ahead of the Bihar election is a "conspiracy". "The last time the routine process of revision of voter list was done was 2003... it has not happened since. And when it happened in 2003, it took about two years to complete," he said. "Now elections are to be held in November. Two months are left before the notification process begins. That means the Election Commission has to make a new list... of 8 crore people... in just 25 days. And that too when 73 per cent of the state is affected by floods!" he said. The BJP, which is part of the ruling coalition in Bihar, said the exercise is being conducted to ensure the integrity of the electoral process. BJP leader and Bihar minister Nitin Nabin has questioned Congress's intent behind opposing the exercise. "If genuine voters are being verified and fake voters are being removed, is Congress sitting here to commit fraud? I want to ask the Opposition members who are opposing this, are you trying to gain power through fake votes?"
Hindustan Times
4 days ago
- Politics
- Hindustan Times
Pleas in SC challenge EC's revision of electoral rolls in Bihar
The Association of Democratic Reforms (ADR) and political activist Yogendra Yadav have filed petitions in the Supreme Court, challenging the Election Commission's (EC) decision to undertake a special intensive revision (SIR) of electoral rolls in poll-bound Bihar, with the development coming amid a political uproar over the controversial move. Pleas in SC challenge EC's revision of electoral rolls in Bihar ADR, a non-profit working on electoral and political reforms, in its petition alleged that the June 24 directive of the EC to carry out an SIR in Bihar was arbitrary and unconstitutional, and that the move will lead to disenfranchisement of nearly 30 million citizens in the state. Yadav, on the other, questioned the timing of SIR, claiming that a 'de novo (afresh) preparation of the rolls, just six months after a detailed survey, two months after a revision of rolls and a few months before state elections betrays complete nonapplication of mind by the ECI, and renders the present process manifestly arbitrary.' The petitions have also questioned the need for citizens, who do not figure in the earlier revised roll of 2003, to prove their citizenship based any of the list of 11 documents prescribed by the poll body, which does not contain the basic identity documents of Aadhaar card, ration card, ECI's Photo Identity Card, or the MGNREGA job card, which are readily available. 'For the first time, the requirement to furnish documents is being weaponised not only to add new voters, as has been the historical practice, but also to cause automatic en-masse deletion of existing electors, including those who have voted in multiple previous elections,' Yadav said in his plea. This reversal of purpose marks a disturbing shift in electoral policy, one that undermines settled expectations, voter's right to continuity, and disregards the legitimacy of longstanding voters on the basis of whose votes multiple governments have been formed, Yadav's plea said, while affirming: 'This revision, therefore, appears to be a calculated exercise to purge the rolls of inconvenient voters, and a veiled attempt at mass disenfranchisement.' Both petitions questioned the short notice available to voters to arrange for the documents in a state like Bihar, where high level of illiteracy, poverty and migration may seriously disadvantage marginalised communities such as Dalits, tribals, OBCs, migrant workers and transgenders, who may lack access to documents such as birth certificates or parental records to prove their eligibility to remain on the electoral roll. The ADR's petition filed through advocate Prashant Bhushan on Friday sought the setting aside of the EC order, alleging that SIR violates fundamental rights under Articles 14, 19, and 21, as well as other provisions of the Constitution. 'The SIR order if not set aside, can arbitrarily and without due process disenfranchise lakhs of voters from electing their representatives, thereby disrupting free and fair elections and democracy in the country, which are part of basic structure of the Constitution,' it alleged. The plea further alleged that the ongoing exercise also violates the provisions of the Representation of the People Act, 1950, and Rule 21A of the Registration of Electors Rules, 1960. 'While SIR of Bihar or any other state of country is a positive step, but the manner in which ECI has directed the conduct of SIR in a poll bound state like Bihar, has raised questions from all stakeholders, particularly the voters,' ADR said. Bihar will go to assembly polls in October-November this year. 'As per estimates over 3 crore (30 million) voters and more particularly from marginalised communities (such as SC, STs and migrant workers) could be excluded from voting due to the stringent requirements as mentioned in the SIR order,' the petition added. EC, in a comprehensive note issued on July 3, said the SIR drive will cover nearly 79 million electors across the state and the final electoral roll is scheduled to be published on September 30. The need for the revision, according to EC, stems from rapid urbanisation, frequent migration, a surge in first-time voters, non-reporting of deaths and concerns about 'foreign illegal immigrant'. However, opposition parties allege the exercise is designed to disrupt the level playing field ahead of assembly elections.
India Today
4 days ago
- Politics
- India Today
Activist Yogendra Yadav moves Supreme Court over Bihar voter rolls revision
Social activist and psephologist Yogendra Yadav has approached the Supreme Court, challenging the Election Commission of India's (ECI) order for a 'Special Intensive Revision' (SIR) of electoral rolls in Bihar ahead of the upcoming Assembly public interest litigation (PIL) seeks a stay on the ongoing revision process and asks the Supreme Court to set aside the poll body's order, terming it "arbitrary". He argues that carrying out a de novo revision of the electoral rolls just months before the state elections is unjustified and could disenfranchise vulnerable sections of the plea highlights how the Special Intensive Revision exercise could disproportionately affect marginalised groups such as women, Scheduled Castes and Scheduled Tribes (SC/STs), and migrants, many of whom lack valid documentation. 'The 90-day verification window, overlapping with Bihar's monsoon season, is also criticised as impractical given the fact that a large number of these sections of people lack birth certificates, land documents, or other mandated identity proofs,' the plea notes, as reported in the a non-governmental organisation (NGO), the Association of Democratic Reforms, filed a similar petition in the Supreme Court, calling the ECI's 24 May order 'arbitrary' and warning that "millions of voters could be deprived of their right to vote". ADR urged the top court to intervene, citing the issue as a serious matter related to civil ECI's Special Intensive Revision is scheduled to take place from June 25 to July 26. Initially, the commission made it mandatory for all voters to submit identity documents, including proof of 77,000 Booth Level Officers (BLOs), along with government staff and political party workers, are currently engaged in verifying the records of more than 7.8 crore registered voters across the state. The election commission has also asked both existing and new voters to furnish proof of Indian citizenship.- EndsMust Watch IN THIS STORY#Bihar Assembly Elections
