Decoding ECI’s counter affidavit on SIR, Pg 10.

Key Highlights:

• ECI’s affidavit spans 789 pages, with 625 pages comprising complaints mainly from BJP units across four States.
• None of the complaints allege illegal migrants in Bihar, yet a citizenship test is underway there.
• ECI invokes Article 326 and Section 15 of the Representation of the People Act, 1950 to justify SIR.
• The affidavit excludes Aadhaar, EPIC, and ration cards as valid proof of citizenship.
• Over 90% of Bihar’s 7.89 crore electors submitted forms, but document scrutiny is pending.
• Approximately 53 lakh electors were not found at their residence; 21 lakh are deceased, and 31 lakh have migrated.
• Political parties were urged to help connect with 21 lakh remaining electors.

Detailed Insights:

• SIR lacks statutory clarity: The Representation of the People Act, 1950 does not explicitly recognize “intensive” revision as a legal category; the term appears only in later rules without concrete definitions.
• Shifting burden of proof: Citizens already registered must now reconfirm citizenship, contrary to established deletion procedures that require specific evidence of ineligibility.
• Privileging 2003 rolls: The affidavit permits citizens on 2003 rolls and their descendants to use that entry as proof, raising legal questions about selective validation.
• Inclusion vs exclusion risk: Despite high form submission rates, document verification is deferred, risking mass exclusions during scrutiny.
• Questionable document logic: ECI accepts residence certificates (far exceeding state population) while rejecting ration cards and Aadhaar on grounds of possible forgery.
• Potential parallels with Assam NRC: The process could replicate the Assam NRC fallout, where ₹1,600 crore was spent but the final list satisfied no stakeholders.
• Electoral impact: Unreported constituency-wise data and demographic clusters could lead to uneven political consequences.

Concepts Involved:

• Article 326 of the Constitution: Guarantees adult suffrage to Indian citizens.
• Representation of the People Act, 1950: Governs preparation and revision of electoral rolls.
• Special Intensive Revision (SIR): An administrative mechanism by the ECI for verifying voter rolls, but not statutorily defined.
• NRC (National Register of Citizens): A proposed citizen registry requiring proof of citizenship, so far implemented only in Assam.