Assessing Electoral Integrity and Universal Adult Suffrage in Bihar: Examining the Intense Review of Voter Lists

Assessing Electoral Integrity and Universal Adult Suffrage in Bihar: Examining the Intense Review of Voter Lists

The Election Commission of India (ECI) has been embroiled in a controversy surrounding the Bihar Special Intensive Revision (SIR) of electoral rolls, a process intended to ensure the accuracy of the voter list. However, critics argue that the SIR's implementation has raised questions about the ECI's overreach and the delicate balance between electoral roll accuracy and voter inclusivity.

Constitutional and Statutory Constraints

The ECI's power to conduct special intensive revisions is constitutionally and statutorily limited. Article 324 grants the ECI supervisory powers over elections but does not permit arbitrary revisions beyond prescribed legal frameworks. Article 326 mandates elections based on adult suffrage, entitling every Indian citizen aged 18 or above and not disqualified under law to be registered as a voter.

The Representation of the People Act, 1950 and 1951 provide the procedural framework for electoral roll preparation and revision. The ECI's power to revise rolls is not unlimited but bounded by these laws, which mandate regular rolls and specific conditions under which special revisions may be conducted.

The Bihar SIR Controversy

Critics argue that the SIR process violates principles of due process and natural justice, particularly regarding the deletion of voters without adequate justification or opportunity for representation, and for imposing unreasonable timelines. Multiple petitions, including from the Association for Democratic Reforms and civil rights activists, are pending before the Supreme Court challenging the SIR’s constitutionality and arbitrariness.

The ECI maintains that the exercise is necessary to remove non-citizens and ineligible voters from the rolls. However, concerns have been raised about the potential disenfranchisement of eligible voters, undermining democratic principles and the ECI’s credibility.

Addressing the Controversy

To address these concerns, the ECI has proposed several reforms. These include adopting Uttar Pradesh's hospital-based instant birth-certificate model statewide, instituting a feedback loop by embedding the orders of the District Election Ombudsmen in training modules for EROs, deploying an offline-first ECINET mobile app with store-and-forward capability, creating "Migrant Facilitation Desks" at railway stations and factory clusters, and codifying due-process safeguards through a Model Electoral Roll (Deletion) Rules, 2026.

The ECI has also suggested requiring an annual, sample-based Social Audit by the Comptroller and Auditor General’s empanelled CSOs and instituting District Election Ombudsmen under retired District Judges.

The Way Forward

The Supreme Court’s ongoing adjudication will clarify the limits of the ECI’s powers in electoral roll management, particularly concerning the legal basis for SIR-type special revisions, the safeguards required to prevent arbitrary deletion of eligible voters, and the necessity of respecting fundamental rights during electoral roll revisions.

A law-consistent revision protocol, coupled with technology that empowers rather than excludes, can uphold both integrity and universal adult suffrage. The Bihar SIR case thus acts as a significant precedent on constitutional and statutory boundaries on the ECI’s powers in electoral roll management.

[1] The Indian Express, "Bihar SIR controversy: Election Commission's overreach or constitutional mandate?", link [2] The Hindu, "Bihar SIR: Supreme Court to hear petitions challenging ECI's power to revise electoral rolls", link [3] Live Law, "Election Commission of India tells Supreme Court that Bihar SIR is necessary to remove foreign migrants from the voter rolls", link [4] The Wire, "Bihar SIR: The Election Commission's attempt to clean up the electoral rolls could lead to disenfranchisement", link

1. The ECI's power to conduct special intensive revisions is enshrined in Article 324 and governed by the Representation of the People Act, 1950 and 1951.
2. Article 326 of the Indian Constitution mandates elections based on adult suffrage, granting voter rights to eligible citizens.
3. The Bihar SIR process, aimed at removing non-citizens and ineligible voters, has been met with criticism for potential disenfranchisement.
4. Critics argue that the SIR violates due process and natural justice, particularly regarding the deletion of voters without adequate justification.
5. Multiple petitions, including from the Association for Democratic Reforms, challenge the SIR’s constitutionality and arbitrariness in the Supreme Court.
6. The ECI's proposed reforms include adopting a hospital-based instant birth-certificate model, embedding district election ombudsmen's orders in training modules, and creating migrant facilitation desks.
7. The ECI also suggests requiring annual Social Audits and instituting district election ombudsmen under retired District Judges.
8. The Supreme Court's ruling will clarify the ECI's powers in electoral roll management and the legal basis for SIR-type special revisions.
9. A law-consistent revision protocol, paired with technology, can maintain both electoral roll accuracy and voter inclusivity.
10. The Indian Express reported on the Bihar SIR controversy, questioning whether it represents overreach or a constitutional mandate.
11. The Hindu published an article discussing the Supreme Court's upcoming hearing on petitions challenging the ECI's power to revise electoral rolls.
12. Live Law reported the ECI's stance that the Bihar SIR is necessary to remove foreign migrants from the voter rolls.
13. The Wire published an article expressing concern that the ECI's attempt to clean up the electoral rolls could lead to disenfranchisement.
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