Why are Bihar’s electoral rolls being revised?, Pg10

Context:

• The Election Commission of India (EC) has launched a Special Intensive Revision (SIR) of electoral rolls in Bihar ahead of the 2025 Assembly elections to address duplication, migration-linked discrepancies, and ensure only citizens are enrolled.

Key Highlights

• EC invoked Section 21 of the Representation of the People Act, 1950 to initiate a nationwide SIR, starting with Bihar.
• The last such SIR in Bihar was conducted in 2003; current qualifying date is July 1, 2025.
• All voters must submit enumeration forms; post-2003 voters need to furnish documents proving date and place of birth.
• Aadhaar card excluded as a valid document due to its lack of citizenship validity.
• Over 8 crore voters affected; requires processing of forms and verification under tight timelines.
• Migrant workers and students risk exclusion due to inability to submit forms/documents on time.

Detailed Insights

1. Legal Framework:

• Article 324 vests EC with authority over electoral roll management.
• Article 326 grants adult suffrage to citizens aged 18+.
• Section 19 mandates ordinary residence in a constituency to qualify as a voter.
• Section 20 clarifies that ownership of property does not imply residency, and temporary absence does not cancel residency.

2. SIR Justification:

• Initiated due to urbanisation, migration, and increased duplication in electoral rolls.
• EC aims to eliminate non-citizens and maintain an updated, accurate voter base.

3. Operational Procedure:

• Pre-2003 voters need only the 2003 roll extract.
• Post-2003 voters must provide birth and residence documents for themselves and parents.
• The exclusion of Aadhaar raises accessibility concerns, particularly for the underprivileged.

4. Challenges and Criticism:

• Massive scale involving 8 crore electors and document submission by 3 crore+ voters.
• Concerns over exclusion of migrants who may be temporarily absent but maintain voting links to native constituencies.
• Risk of errors despite extensive field manpower; possibility of disenfranchising legitimate voters.

5. Aadhaar Controversy:

• Excluded due to legal position that it is not proof of citizenship.
• Critics point to Form 6 under Registration of Electors Rules, 1960, which allows Aadhaar as proof for residence and age.

6. Migrants and Voting Rights:

• As per RP Act, “ordinarily resident” status applies even if the person is temporarily absent.
• EC’s earlier proposal (Jan 2023) for remote voting for domestic migrants remains pending due to technical and consensus barriers.

Key Concepts Involved

• “Ordinarily Resident”: Legal term defined under Section 20 of the RP Act, crucial for determining voter eligibility in a constituency.
• Aadhaar vs Citizenship: Aadhaar is a resident identity proof, not proof of citizenship, hence its exclusion in voter verification by EC.
• Remote Voting: Emerging proposal to allow migrant citizens to vote from outside their registered constituency using secure technology.