ECI's Bihar electoral roll revision faces scrutiny over citizenship test and migrant disenfranchisement
The Election Commission of India (ECI) filed a counter affidavit in the Supreme Court defending its Special Intensive Revision (SIR) of electoral rolls in Bihar, which requires electors to prove citizenship. Critics argue the affidavit lacks evidence of illegal migrants and questions the legal basis for a citizenship test, especially given the high number of internal migrants (over 450 million nationally, 36% of Bihar households). The ECI's approach, which conflates "ordinary residence" with citizenship and rejects Aadhaar/ration cards as proof, is seen as exclusionary. The article highlights the mismatch between outdated laws and mobile citizenry, urging the ECI to advocate for reform and pilot inclusive enrolment models to prevent disenfranchisement.
Key Points
- The ECI's Special Intensive Revision (SIR) of electoral rolls in Bihar, requiring citizenship proof, is challenged for potentially disenfranchising poor, minorities, and migrants.
- The ECI's counter affidavit is criticized for lacking concrete evidence of illegal migrants in Bihar's electoral rolls and for its legal rationale for a citizenship test.
- The Representation of the People Act, 1950, is deemed outdated, failing to account for India's large mobile citizenry and conflating "ordinary residence" with citizenship.
- The ECI's rejection of Aadhaar and ration cards as proof of eligibility, despite their widespread use, is questioned as specious logic, given ECI's lack of mandate for a citizenship test.
- The article calls for the ECI to advocate for legislative reform and pilot alternative, inclusive enrolment models to ensure voter participation and prevent a "fiasco" similar to the Assam NRC.
Exam Facts
- The ECI filed a counter affidavit in the Supreme Court on July 21.
- The Special Intensive Revision (SIR) of electoral rolls is underway in Bihar, with the first phase completing by August 1, 2025.
- The Representation of the People Act, 1950, is the primary legislation governing electoral rolls.
- Census 2011 documented 13.9 million Biharis living outside the state; current estimates are 17-18 million.
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