Special Voter Roll Revision in Bihar

• 11 Jul 2025

Why in News? 

The Election Commission of India (ECI) has initiated a Special Intensive Revision (SIR) of the electoral rolls in Bihar ahead of the upcoming Legislative Assembly elections scheduled for November 2025.  

Key Points 

• Constitutional Mandate: 
  • Article 324 of the Indian Constitution entrusts the ECI with the superintendence, direction, and control over the preparation of electoral rolls and the conduct of elections to Parliament and State Legislatures. 
  • Article 326 guarantees the right to vote to every citizen of India who is not less than 18 years of age. 
• Legal Framework under the Representation of the People Act, 1950: 
  • Section 16 disqualifies non-citizens from being enrolled in the electoral rolls. 
  • Section 19 mandates that a person must be at least 18 years old on the qualifying date and be an ordinary resident of the constituency. 
  • Section 20 defines “ordinarily resident,” clarifying that mere property ownership in a constituency does not qualify one as a resident.  
    • However, a person who is temporarily absent from their place of residence is still considered ordinarily resident. 
  • Section 21 empowers the ECI to carry out a special revision of electoral rolls at any time, for reasons recorded in writing. 
• Reasons for Initiating SIR: 
  • The ECI has observed significant changes in the electoral rolls over the past two decades due to widespread urbanisation and internal migration. 
  • Concerns over duplicate and ineligible voter entries have prompted ECI to launch a nationwide SIR, starting with Bihar.  
  • Bihar last underwent an SIR in 2003 and has been prioritized by the ECI for the exercise ahead of the November 2025 Assembly elections. 
  • The qualifying date for the current revision has been set as 1st July 2025. 
• Revised Procedure for SIR: 
  • Voters enrolled before 2003 need only submit an extract of the 2003 roll. 
  • Voters enrolled after 2003 must submit additional documents proving their own and their parents’ date and place of birth. 
• Supreme Court’s Observations and Directives: 
  • The Supreme Court observed that the ECI’s list of 11 acceptable documents for voter verification is not exhaustive. 
  • The Court advised the ECI to consider Aadhaar cards, Elector’s Photo Identity Cards (EPIC) and Ration cards as proof for voter registration in the ongoing SIR. 
• Jurisdictional Authority of the ECI: 
  • The ECI lacks the constitutional or statutory authority to determine questions of citizenship. 
  • The power to determine citizenship rests with the Ministry of Home Affairs. 
  • The Supreme Court’s judgment in Lal Babu Hussein v. Electoral Registration Officer (1995) held that individuals already listed in the electoral roll cannot be asked to re-prove their citizenship. 
• Challenges associated with SIR: 
  • The SIR guidelines now require additional documentation even where Aadhaar exists, potentially excluding many eligible citizens. 
  • According to the RPA,1950, only those who are "ordinarily resident" should be included in the electoral roll of a constituency. 
    • Migrants can register in their current place of residence if they have moved permanently for work or education. 
  • The SIR places the entire burden of proof on citizens to verify their eligibility. 
  • According to a Bihar government survey 87% of people possess Aadhaar cards, only 14% have matriculation certificates and merely 2% have passports. 
  • The exclusion of Aadhaar from the list of valid documents could disproportionately affect poor and marginalised groups.