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“No Category of ‘Suspicious Voters’ Under Law”: Says Election Commission in Rajya Sabha Amid Bihar Voter Roll Controversy

The Election Commission told the Rajya Sabha there’s no legal category of ‘suspicious voters’ under law, amid the Bihar voter roll controversy over the alleged inclusion of illegal immigrants.

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"No Category of ‘Suspicious Voters’ Under Law": Says Election Commission in Rajya Sabha Amid Bihar Voter Roll Controversy

NEW DELHI: The Election Commission of India (ECI) has stated that no such category as “suspicious voters” exists under the Representation of the People Act, 1951. This announcement comes amidst heightened political and public attention over concerns about the inclusion of illegal immigrants in the voter rolls, especially in states like Bihar, where a Special Intensive Revision is currently underway.

Electoral Roll Revision in Bihar

The ECI began a special revision exercise in Bihar earlier this year, citing, among other reasons, the alleged inclusion of illegal foreign immigrants in the electoral rolls over the years. This initiative, declared in a June 24 statement, aims to clean and update the voter lists across the state.

However, questions have since been raised in Parliament about whether so-called “suspicious voters” participated in the last Lok Sabha elections.

EC’s Response in Parliament

In a written reply to Samajwadi Party MP Ramji Lal Suman in the Rajya Sabha, Minister of State for Law and Justice Arjun Ram Meghwal clarified:

“The Election Commission of India has informed that there is no category of suspicious voters as per the Representation of the People Act, 1951.”

Another major takeaway from the parliamentary session was the status of Aadhaar linkage with Voter ID cards (EPICs). In response to RJD MP Manoj Kumar Jha, Meghwal stated that the linking process has not yet started.

Despite a push in recent years to link Aadhaar with voter IDs as a means to ensure authenticity and curb duplication, the process remains voluntary. The ECI had launched a programme to collect Aadhaar numbers on a voluntary basis starting August 1, 2022, after a 2021 amendment to the Representation of the People Act, 1950.

While the EC, in a March 18 press release, had indicated that the Aadhaar linking process would soon begin, it has since emphasized compliance with legal safeguards. The press note clarified:

“As per Article 326 of the Constitution, voting rights are for Indian citizens only. Aadhaar, however, only serves as a proof of identity, not citizenship.”

The Commission added that the linking of EPIC with Aadhaar would proceed strictly under the legal provisions, specifically, Sections 23(4), 23(5), and 23(6) of the RP Act, 1950, and in alignment with the Supreme Court’s guidance in Writ Petition (Civil) No. 177/2023.

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