The Election Commission of India (ECI) recently initiated a Special Intensive Revision (SIR) of electoral rolls in Bihar, ahead of assembly elections scheduled for November 2025. While the ECI states its objective is to ensure accuracy, inclusion of eligible citizens, exclusion of ineligible voters, and complete transparency, critics argue that the process risks undermining the very foundations of Indian democracy by disenfranchising a significant portion of the electorate.
The ECI’s Stated Goals Versus Mounting Concerns
The ECI maintains that the SIR is necessary due to a significant change in electoral rolls over two decades, driven by rapid urbanisation, increased migration, and the possibility of duplicate entries. They aim to scrupulously adhere to constitutional and legal provisions regarding voter eligibility and disqualifications under Article 326 of the Constitution and Section 16 of the Representation of the People Act, 1950.
However, the Association for Democratic Reforms (ADR), an organisation focused on electoral reforms, has challenged the SIR in the Supreme Court, contending it will arbitrarily and without due process disenfranchise lakhs of voters. This concern echoes a broader sentiment that the exercise, if not managed carefully, could become an assault on the very foundations of our democracy. Historically, the principle in India has been to presume citizenship and focus on inclusion, ensuring every adult is enfranchised. Critics argue that the current SIR reverses this inclusive approach by focusing on exclusion, particularly for those lacking official documentation.
The Burden of Proof and Document Dilemma
A key point of contention is the new requirement for citizens to proactively submit enumeration forms along with specified documents to prove their citizenship and that of their parents, particularly for those registered after 2003. This is a striking departure from past practice, where enumerators verified existing voter details. This shift effectively moves the burden of proof from the state to the individual citizen.
Aadhaar and ration cards, widely used identity documents, are notably excluded from the list of 11 accepted documents. ADR argues this disproportionately affects marginalised communities, including Muslims, Scheduled Castes, Scheduled Tribes, and migrant workers, who often lack access to these specific documents. The ECI’s counter-affidavit to the Supreme Court stated that Aadhaar is not proof of citizenship, ration cards are prone to bogus issuance, and Electoral Photo Identity Cards (EPIC) merely reflect the current roll status without establishing prior eligibility. Despite this, the Supreme Court has urged the ECI to consider Aadhaar, ration cards, and voter IDs in the interest of justice for claims and objections. Some Booth-Level Officers (BLOs) have reportedly continued to upload these documents using an “any other document” option on their app, navigating conflicting instructions and concerns about further deletions.
The requirement to prove citizenship for themselves and their parents is a herculean task for roughly 3 crore voters enrolled after 2003, especially given that the ECI is not the legal authority to establish citizenship; that lies with the Home Ministry.
Timing, Transparency, and Allegations of Fraud
The SIR is being conducted with an unreasonable and impractical timeline, given the impending Bihar elections in November 2025. The exercise commenced on June 25, 2025, and is set to conclude with the publication of the revised final electoral roll by September 30, 2025. Critics describe this as “breakneck speed” and question the justification for such a drastic exercise when a Special Summary Revision (SSR) was already conducted between October 2024 and January 2025.
Concerns about transparency are high. ADR claims the ECI’s directive lacks recorded reasons supported by evidence or a transparent methodology, rendering it arbitrary. Furthermore, allegations of fraud and forgery have emerged from the ground, with video evidence reportedly showing voter forms being filled by BLOs, thousands of signatures forged, and forms uploaded without voters’ knowledge or consent. Testimonies from a public hearing in Patna described “fraud being perpetrated in the name of the SIR”. This vitiates the entire process and risks bringing the esteemed institution of the ECI into disrepute.
Disproportionate Impact: Migrants, Women, and Minorities
The SIR’s strict interpretation of “ordinarily resident” poses a significant threat to migrant workers. Bihar is a state with high migration rates. Many migrant labourers, who often return to their home state at regular intervals and maintain family ties there, may be removed from the rolls of their original residence. This can result in their disenfranchisement, as they may not be keen to register in their temporary places of work.
A striking anomaly has also been observed in the deletions: more women (32 lakh) were deleted from the rolls between January and August, compared to men (25 lakh). This is contrary to expected migration patterns (men are more likely to migrate out of state for work) and death rates (more men typically die than women). A plausible explanation suggests that illiteracy among women in Bihar, which is significantly lower than for men, might have prevented them from accessing or filling out enumeration forms, leading to wrongful deletion and disenfranchisement.
Districts with a higher share of Muslim population have also shown a correlation with a higher number of deletions, raising concerns about targeted scrutiny of marginalised communities. Conversely, districts with a higher share of Dalits saw fewer deletions.
Undermining Basic Constitutional Principles
These concerns collectively point to potential violations of fundamental democratic principles. Universal adult suffrage, enshrined in Article 326 of the Indian Constitution, guarantees every citizen the right to vote without unreasonable restrictions. Free and fair elections are not merely a statutory right but form part of the basic structure and rule of law of the Constitution. If the SIR leads to mass exclusions or imposes unreasonable documentary burdens, particularly on vulnerable groups, it could undermine these principles and raise questions about the legitimacy of the electoral process and the government it produces.
Maintaining the integrity of electoral rolls is crucial for free and fair elections. However, as this special intensive revision unfolds in Bihar, ensuring that transparency, inclusivity, and due process are genuinely upheld, and that no eligible citizen is inadvertently disenfranchised, remains a critical challenge for the ECI and a test for India’s democratic fabric.
Mohit Kumar Manderna & Kritika Vatsa are BBA LL.B. (Hons.) students at Jindal Global Law School, O.P. Jindal Global University. Interests include International Relations, Sociology, Economics and History.
ECI’s order issued on June 24 ahead of the Bihar assembly polls notes that those whose name did not appear in the 2003 electoral rolls must provide ...
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