SC agrees to hear petitions challenging Bihar electoral roll revision
What's the story
The Supreme Court has agreed to hear a batch of petitions challenging the Election Commission of India's (ECI) decision for a special intensive revision (SIR) of electoral rolls in Bihar. The hearing is scheduled for July 10. Senior Advocates Kapil Sibal, Dr. Abhishek Manu Singhvi, Gopal Sankaranarayanan, and Shadan Farasat mentioned the matter before a bench comprising Justice Sudhanshu Dhulia and Justice Joymalya Bagchi, seeking urgent listing.
Legal challenge
Petitioners include Mahua Moitra, Manoj Jha
The petitions have been filed by several prominent figures, including Trinamool Congress MP Mahua Moitra, Rashtriya Janata Dal's Manoj Jha, activist Yogendra Yadav, and the Association for Democratic Reforms (ADR). "8 crore is the electorate and 4 crore have to do the enumeration," Singhvi submitted. "It is an impossible task," Sibal (representing the RJD) argued, while Sankaranarayanan said, "They won't accept Aadhaar card, voter card."
Constitutional violation
ADR calls ECI's order 'unconstitutional'
The ADR was among the first to file a public interest litigation (PIL) seeking to quash the ECI's June 24 order mandating large sections of Bihar voters to prove their citizenship. The ADR contends that the ECI's order violates Articles 14, 19, 21, 325, and 326 of the Constitution. It also claims that it contravenes the Representation of the People Act, 1950, and Rule 21A of the Registration of Electors Rules, 1960.
Argument
What the petition states
The petition argues that new documentation requirements shift the proof burden from state to citizen and exclude widely held documents like Aadhaar and ration cards. "The documentation requirements of the directive, lack of due process as well as the unreasonably short timeline for the said Special Intensive Revision of Electoral Roll in Bihar further make this exercise bound to result in removal of names of lakhs of genuine voters from electoral rolls leading to their disenfranchisement," the petition stated.
Disenfranchisement concerns
Directive criticized for potential disenfranchisement of voters
Under the SIR guidelines, voters not on the 2003 electoral roll must prove citizenship. For those born after December 2004, the regulation requires not only their own documentation but also that of their parents. If a parent is from another country, the order seeks their passport and visa at the time of the applicant's birth. The ADR argues these requirements are impractical in Bihar, where birth registration is low and many lack official documents.
Directive defense
EC's defense of its directive
The ECI has defended its directive, citing rapid urbanization and migration as reasons for the revision. It aims to ensure error-free electoral rolls. It clarified that documents must be submitted by July 25, 2023, with those failing to do so getting an opportunity "during the claims and objections period" ending on September 1, 2025.