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Supreme Court's Ruling on Bihar's Electoral Roll Revision: A Voter-Friendly Approach?

The Supreme Court has ruled that the requirement of 11 documents for Bihar's electoral roll revision is a voter-friendly initiative, despite concerns about the exclusion of Aadhaar. The court's decision comes amid ongoing debates regarding the accessibility of these documents among the electorate. Senior advocate Abhishek Singhvi argues that the actual availability of required documents is low, raising questions about the effectiveness of this approach. As the situation unfolds, the court emphasizes the importance of trust in the Election Commission's processes. This ruling could significantly impact the upcoming elections in Bihar, making it a critical topic for voters and policymakers alike.
 

Supreme Court Evaluates Bihar's Special Intensive Revision


In a recent session, the Supreme Court highlighted that the requirement for 11 documents for the special intensive revision (SIR) of the electoral roll in Bihar, compared to the previous seven documents in summary revisions, is a move towards being more 'voter-friendly'.


A bench comprising Justices Surya Kant and Joymalya Bagchi resumed discussions on several petitions contesting the Election Commission's decision from June 24 to implement SIR in the upcoming Bihar elections. The justices noted that while petitioners argued that the exclusion of Aadhaar was discriminatory, the increased number of required documents could actually promote inclusion.


The bench stated, "The increase from seven to eleven documents indicates a more inclusive approach. We acknowledge your concerns regarding Aadhaar, but the broader document requirement seems to enhance voter inclusion."


Electors are required to present any one document from the provided list of eleven.


Senior advocate Abhishek Singhvi, representing the petitioners, countered this perspective, arguing that despite the higher number of documents, their actual availability among the population is minimal.


He cited that only one to two percent of the electorate in Bihar possess passports, and there is no provision for permanent resident certificates in the state.


Singhvi emphasized, "When we assess the document availability against Bihar's population, it becomes evident that the coverage is significantly low."


In response, the bench noted that the estimated 36 lakh passport holders in Bihar reflects a reasonable coverage.


Justice Bagchi remarked, "The document list is typically compiled after consulting various government departments to maximize coverage."


On August 12, the Supreme Court affirmed that the inclusion or exclusion of citizens from electoral rolls falls under the Election Commission's jurisdiction, supporting its decision to not recognize Aadhaar and voter cards as definitive proof of citizenship in the SIR process.


As discussions regarding the SIR intensified in Parliament, the court observed that the underlying issue appears to be a 'trust deficit', given that the Election Commission reported that approximately 6.5 crore out of 7.9 crore voters in Bihar would not need to submit any documents for themselves or their parents listed in the 2003 electoral rolls.