Supreme Court to Hear Pleas Challenging Bihar Electoral Roll Revision
The Supreme Court is set to hear petitions challenging the Election Commission of India's (ECI) order for a Special Intensive Revision of electoral rolls in Bihar ahead of the state's Assembly elections. Opposition parties allege the move is intended to disenfranchise thousands of voters by questioning their citizenship. The ECI has defended the revision as a necessary legal process. The court's hearing will address the legality and timing of the exercise, which has significant implications for the upcoming election.
Unpacked:
The Special Intensive Revision (SIR) is a process to verify and update the electoral rolls. The Election Commission says it is necessary in Bihar due to rapid urbanization, frequent migration, under-reporting of deaths, and concerns about illegal immigrants being included on the rolls. The goal is to ensure only eligible citizens can vote.
Opposition parties and petitioners argue the SIR could disenfranchise thousands by imposing new or difficult documentation requirements, especially for those lacking certain papers. They claim this could arbitrarily remove eligible voters and undermine free and fair elections, particularly by questioning people’s citizenship.
The Election Commission’s authority comes from Article 324(1) of the Constitution, the Representation of People Act, 1950, and the Registration of Electors Rules, 1960. Although the ECI has broad powers, these are subject to judicial review if fundamental rights or principles of natural justice are at stake.
The Supreme Court has cautioned petitioners not to label the SIR as “artificial” without basis, acknowledging there is logic behind the ECI’s exercise. The Court is hearing the case to determine the legality and timing of the revision, considering both constitutional rights and the need for accurate rolls.