Explore whether the Bihar voter revision exercise aligns with constitutional principles and fundamental rights under Article 324. Analyze the legal validity of electoral roll updates by the Election Commission of India.
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BIHAR: The Election Commission of India (ECI), On 24 June 2025 announced a Special Intensive Revision (SIR) of electoral rolls in Bihar, ahead of the upcoming state assembly elections. The aim is to include all eligible voters and remove ineligible ones, such as deceased, migrated, or otherwise disqualified individuals, to ensure free and fair elections.
The revision will adhere strictly to Article 326 of the Constitution and Section 16 of the Representation of People Act (RPA), 1950, which defines voter eligibility and disqualification. The qualifying date for voter eligibility is 1 July 2025.
This is Bihar’s first such revision since 2003. The ECI has empowered Booth Level Officers (BLOs) to conduct door-to-door verification, supported by pre-filled enumeration forms. Citizens can also submit their details online. To promote transparency, political parties are encouraged to appoint Booth Level Agents (BLAs) and participate actively in the process. Draft rolls will be released on 1 August 2025.
However, several petitions have been filed in the Supreme Court under Article 32, challenging the SIR’s legality. Activist Yogendra Yadav, the Association for Democratic Reforms, and others argue that the process is arbitrary, lacks prior consultation, and places an unfair burden of proof on voters, particularly affecting the poor and migrant populations in Bihar. They highlight the impracticality of training and deploying over 1 lakh BLOs within a tight timeline during the monsoon season.
Despite the criticism, the ECI has denied making any changes and confirmed smooth progress in the initial phase. The Supreme Court has agreed to hear the case on 10 July 2025.
Article 324, Power Vested in an Election Commission
Article 324(1) of the Constitution vests the superintendence, direction, and control of elections in the ECI. It reads,
“The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to the Parliament and to the Legislature of every State… shall be vested in a Commission.”
The Election Commission of India (ECI) is an autonomous constitutional body established on 25th January 1950, a date now observed as National Voters’ Day.
Headquartered in New Delhi, the ECI is responsible for administering elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, and the offices of the President and Vice President of India.
However, it does not oversee elections to panchayats and municipalities, as these are conducted by a separate State Election Commission as mandated by the Constitution.
Power of ECI:
The Election Commission of India (ECI) plays a pivotal role in ensuring the smooth functioning of the electoral process across the country. Its responsibilities include determining the territorial boundaries of constituencies based on the Delimitation Commission Act, and preparing and updating electoral rolls to register all eligible voters.
It notifies election schedules, scrutinises nomination papers, and grants recognition and symbols to political parties.
The ECI also resolves disputes related to party recognition and symbol allocation, and appoints officers to investigate electoral issues. It frames and enforces the Model Code of Conduct, oversees the media broadcast of party policies, and advises the President and Governors on the disqualification of MPs and MLAs.
In cases of irregularities like booth capturing or violence, it can cancel polls, and may request the President or Governor for administrative support.
Additionally, the ECI supervises the overall election machinery to ensure free and fair elections, determines if elections can be held in a President’s Rule-governed state, and registers political parties, granting them national or state status based on their electoral performance.
Limitations of ECI:
The Constitution of India does not lay down any specific qualifications, whether legal, educational, administrative, or judicial, for appointment as members of the Election Commission.
It also does not prescribe a fixed tenure for their service, nor does it bar retiring Election Commissioners from being appointed to other positions by the government after their term ends.
Special Intensive Revision (SIR):
The Election Commission of India (ECI) has noted major shifts in electoral rolls over the past two decades, largely due to rapid urbanisation and internal migration.
In response to concerns about duplicate and ineligible voter entries, the ECI has initiated a nationwide Special Intensive Revision (SIR), beginning with Bihar, which last underwent such a revision in 2003.
Bihar has been prioritised for this process ahead of the November 2025 Assembly elections, with 1st July 2025 set as the qualifying date.
Under the revised SIR procedure, voters enrolled before 2003 need only provide an extract from the 2003 electoral roll, while those enrolled after 2003 are required to submit additional documents verifying their own and their parents’ date and place of birth.
Electoral Rolls
Accurate electoral rolls are fundamental to ensuring free and fair elections in India, upholding the core democratic principle of “one person, one vote.”
The Representation of the People Act, 1950, empowers the Election Commission to routinely update and rectify these rolls to prevent errors like mass omissions, duplicate entries, or the inclusion of ineligible voters, which can lead to impersonation, disenfranchisement, and distorted outcomes.
Allowing multiple forms of ID, such as Aadhaar, voter ID, and ration cards, reinforces every citizen’s right to inclusion and representation.
Legal Framework under the Representation of the People Act, 1950:
Under the Representation of the People Act, 1950,
- Section 16 disqualifies non-citizens from being enrolled in the electoral rolls
- Section 19 stipulates that a person must be at least 18 years old on the qualifying date and be an ordinary resident of the concerned constituency to be eligible.
- Section 20 clarifies that mere property ownership does not make someone an ordinary resident, though a person who is temporarily absent from their residence still retains that status.
- Additionally, Section 21 grants the Election Commission of India (ECI) the authority to conduct a special revision of electoral rolls at any time, provided the reasons for such action are recorded in writing.
In Lakshmi Charan Sen v. A.K.M. Hassan Uzzaman (1985), the Supreme Court highlighted the role of political parties in ensuring accurate voter rolls, especially given India’s high levels of illiteracy. Such vigilance is vital to preserving the integrity of the electoral process in a party-based parliamentary democracy.
Right to Vote and Fundamental Rights
In India, every citizen aged 18 and above, regardless of caste, religion, class, or economic status, has the legal right to vote, as guaranteed by the Constitution.
While voting is not a fundamental right, it is a vital legal entitlement that allows citizens to participate in national, state, district, and local elections.
Eligible voters must register in the constituency where they currently reside to obtain a Photo Election Identity Card (EPIC), and only registered voters can cast their ballot. A person can vote only once and in the constituency where they are enrolled.
Voters enjoy several rights, including the Right to Know about candidates, the Right to NOTA (None of the Above), and the provision for special assistance to the elderly, unwell, or disabled voters.
Additionally, the tendered vote mechanism protects against impersonation, allowing genuine voters to exercise their right if someone else has wrongly voted in their name.
Aadhaar as Identity Proof
Supreme Court ruling in Justice K.S. Puttaswamy (Retd.) v. Union of India (2018), wherein the Court upheld the constitutional validity of the Aadhaar Act, 2016, while emphasizing its limitations. Specifically, the Court referred to Section 9 of the Aadhaar Act, which states,
“The Aadhaar number or the authentication thereof shall not, by itself, confer any right of, or be proof of, citizenship or domicile.”
Furthermore, the Ministry of Electronics and Information Technology, through a 2018 memorandum, clarified that Aadhaar is “not a proof of date of birth”, since the date entered is based on documents submitted by the applicant.
Supporting this interpretation, the Employees’ Provident Fund Organisation (EPFO) in January 2024 issued a circular deleting Aadhaar from the list of documents acceptable as proof of date of birth, citing its lack of independent evidentiary value in that regard.
