Supreme Court Rules on Electoral Roll Revision in Bihar

Supreme Court's Observations on Electoral Rolls

On Thursday, the Supreme Court stated that the authority to remove non-citizens from electoral rolls lies solely with the Ministry of Home Affairs, not the Election Commission, as reported by a news outlet.

This remark was made during the examination of several petitions contesting the Election Commission's initiative to conduct a special intensive revision of electoral rolls in Bihar, which is scheduled ahead of the upcoming state Assembly elections anticipated in October or November.

The Election Commission announced this revision on June 24, aiming to update the electoral rolls.

As part of this process, individuals whose names were absent from the 2003 voter list will be required to provide proof of their eligibility to vote. This affects approximately 2.9 crore of Bihar's 7.8 crore voters, which translates to around 37% of the electorate needing to submit documentation.

Voters born before July 1, 1987, must present evidence of their date and place of birth, while those born between July 1, 1987, and December 2, 2004, need to provide documents verifying the date and place of birth of at least one parent. For individuals born after December 2, 2004, proof of date of birth for themselves and both parents is required.

Advocate Gopal Sankaranarayanan, representing the petitioners, contended that this special intensive revision improperly shifts the burden of proof from the Election Commission to the voters.

The requirement for voters to demonstrate their citizenship and eligibility raises significant constitutional issues, as noted by Sankaranarayanan in court.

The petitioners also challenged the Election Commission's exclusion of the Aadhaar card and voter ID from the list of acceptable documents for proving citizenship for those not included in the 2003 electoral roll.

Sankaranarayanan highlighted that while the Aadhaar card is recognized as valid under the Representation of Peoples Act, it is not accepted for this specific revision in Bihar.

In defense, advocate Rakesh Dwivedi, representing the Election Commission, argued that an Aadhaar card does not qualify as proof of citizenship.

Watch: ‘Need a civil disobedience movement against EC’: TMC MP Mahua Moitra on Bihar voter roll revision

On July 2, eleven parties from the INDIA bloc expressed concerns to the Election Commission, stating that the special intensive revision could disenfranchise over 2.5 crore voters who may struggle to provide the required documentation.

Chief Election Commissioner Gyanesh Kumar defended the revision process, asserting that it was necessary due to widespread dissatisfaction with the current electoral rolls.

This is a developing story. Updates will follow as more information becomes available.

Also read:

• Bihar voter roll revision: Why having to prove you are an Indian citizen is a nightmare
• Why EC move to create new Bihar voter list has rung the ‘NRC’ alarm bell