Key Takeaways

• The Supreme Court upheld the Special Intensive Revision as legal and constitutional.
• The Election Commission can verify citizenship for electoral roll inclusion purposes.
• Aadhaar was added as the 12th indicative document for proof of identity.
• Over 98% of electors in Bihar submitted required documentation during the process.
• The ECI will modify procedures for upcoming revisions based on Bihar's experience.

The Supreme Court has delivered a significant ruling regarding the Special Intensive Revision of electoral rolls, affirming that the Election Commission’s exercise in Bihar falls within its statutory mandate. This decision comes amidst ongoing legal challenges and concerns regarding voter disenfranchisement.

In its verdict, the apex court clarified that the Election Commission is empowered to check citizenship for the limited purpose of including individuals in electoral rolls. However, the court emphasized that any deletion of a voter's name by the EC cannot be final regarding their citizenship status. Instead, such cases must be referred to competent Central government authorities for adjudication under the Citizenship Act.

The bench, while delivering the Bihar SIR verdict, noted that the exercise was found to be on legitimate grounds and is in consonance with the Representation of the People Act and the 1960 Rules. The court stated that the process was not manifestly excessive and that the procedural safeguards followed sufficed without detracting from the concept of free and fair elections.

Crucially, the Supreme Court clarified that the undertaking of the Supreme Court verdict does not ipso facto reverse the burden of proof on the voters. If voters cannot produce the necessary documents, the EC is entitled to act within the statutory framework to exclude them from the voter list. The set of documents sought for verification was deemed part of working a structured regime for the inclusion of voters.

The court also highlighted that the documentation framework must follow a “calibrated balance.” During the hearings, the Supreme Court effectively intervened to make the massive exercise more inclusive. One significant judicial intervention was the inclusion of Aadhaar as the 12th document in the list of 11 ‘indicative’ documents that voters could file as proof of their identity or residence.

Despite the validation, the court noted that the SIR enquiry is subject to judicial review. The apex court reasoned that just because an exercise does not adhere strictly to all modalities, it cannot be invalidated. It falls within the limits of the Representation of the People Act and Registration of Electors Rules, advancing the constitutional principle of free and fair elections.

Following the conclusion of the Bihar process, the Election Commission of India announced that over 98% of electors had submitted their documents. Specifically, the ECI reported that 98.2% of electors had provided the necessary documentation for the Bihar voter list revision.

Chief Election Commissioner Gyanesh Kumar highlighted that in Bihar, a majority of people could be traced to the electoral rolls of the previous SIR. Consequently, the ECI issued a notice to the Chief Electoral Officers of all 12 States and Union Territories where the next phase of the Special Intensive Revision is set to be carried out.

This upcoming phase follows a June 24 order issued by the ECI. Key modifications have been made to the process based on learnings from Bihar. Notably, the ECI mandated that no documents be collected from electors during the Enumeration Phase to prevent potential hurdles for those who might be difficult to reach.

The revision process in Bihar and Uttar Pradesh has raised concerns about the potential disenfranchisement of migrant voters. Both states are key sources of outmigrants, with people relocating in large numbers across the country. While this mobility was evident during the COVID-19 pandemic, there is little data to document it fully.

The Supreme Court’s intervention ensured that the process remained inclusive despite these challenges. By adding Aadhaar to the list of acceptable documents and emphasizing the need for a calibrated balance, the court aimed to protect voter rights while allowing the EC to maintain accurate rolls.

The validation of the Bihar process provides a legal precedent for the upcoming revisions in other states. However, the ECI’s adjustment to skip document collection during the Enumeration Phase suggests a recognition of the practical difficulties involved in verifying the status of mobile populations.

Bihar Revisions Move Forward With Adjusted Protocols

The Supreme Court’s affirmation of the Bihar process provides legal clarity for the Election Commission as it prepares for the next phase. The upcoming revisions in 12 other states and union territories will utilize modified procedures, specifically the exclusion of document collection during the Enumeration Phase. This adjustment aims to address the complexities of verifying migrant voters, who constitute a significant portion of the electorate in key states like Bihar and Uttar Pradesh. While the legal foundation for the SIR is now solidified, the operational changes suggest a continued effort to balance administrative efficiency with the inclusive goal of ensuring no eligible voter is disenfranchised due to documentation hurdles or migration status. The long-term impact will depend on how effectively these procedural safeguards prevent errors in future electoral rolls.