The Election Commission of India (ECI) has launched a Special Intensive Revision (SIR) of electoral rolls in Bihar ahead of the November 2025 Assembly polls. 

• While the ECI cites its constitutional mandate, Opposition parties allege it is a voter disenfranchisement exercise, sparking legal and political controversy.

About the Special Intensive Revision (SIR) in Bihar

• Refers to: A state-wide house-to-house verification and revision of the electoral rolls.
• Aim: To update the voters’ list by including eligible voters and removing ineligible or non-citizen entries.
• Ordered by: ECI under Section 21(2)(b) of the Representation of the People Act (RPA), 1950.
• Date of ECI Order: June 24, 2025.
• Qualifying Date Mentioned: July 1, 2025.

Objectives of the SIR (as stated by ECI)

• To ensure only genuine citizens aged 18+ are on the rolls.
• To remove duplicate, ineligible, or non-citizen voters.
• To maintain the credibility and integrity of the electoral process.
• To enable free and fair elections.

Constitutional & Legal Basis for Electoral Roll Revision

• Constitutional Provisions
  • Article 324: Grants ECI the power of superintendence, direction, and control over elections. Called a “reservoir of power” by the Supreme Court.
  • Article 326: Provides for universal adult suffrage—every citizen aged 18+ can vote unless disqualified.
• Legal Framework (Representation of the People Act (RPA), 1950 & 1951)
  • Section 19 (RPA, 1950): Outlines the conditions of registration as an elector (voter) in an electoral roll
    • Requires age (18+) and ordinary residence.
  • Section 20: Defines “ordinarily resident”
    • “Ordinarily resident” means a person lives in a constituency as their usual place of residence; merely owning or possessing a house there doesn’t qualify them as such.
  • Section 21:
    • 21(1): Allows for revision of rolls before elections.
    • 21(2)(b): ECI may direct revision in any year.
    • 21(3): Permits special revision for a constituency or part thereof (not the entire state).
  • Section 16: Disqualifies non-citizens and mentally unsound persons.
  • Section 11A (RPA, 1951): Further disqualifications from voting.
  • Section 14: Empowers the Election Commission to issue a notification for a general election to the Lok Sabha, specifying the date, time, and other relevant details of the election process.
• Relevant Rules: Rule 8, Registration of Electors Rules states that applicants should provide information “to the best of their ability”, not necessarily with conclusive documentation.

Judicial Principles & Rule of Law

• SC Guidelines: ECI is subject to judicial review and natural justice.
• Rule 8 of Registration of Electors Rules:
  • Citizens must provide information “to the best of their ability”.
  • ECI cannot demand foolproof documentation and summarily reject applications.
• Mohinder Singh Gill v. CEC (1978):
• • If a statute covers a situation, ECI must act within that law.
  • Where law is silent, Article 324 empowers the ECI to act in furtherance of free and fair elections.
• Courts have reiterated that ECI’s powers are not unfettered and must be within the boundaries of the law.

Key Issues Raised

• Legal Challenges: Multiple petitions filed in the Supreme Court challenging the legality of the exercise.
  • Qualifying Date Issue: 01/07/2025 mentioned in ECI’s order is not in conformity with Section 14 (which mandates 01/01 as the qualifying date).
  • Legal Validity of State-wide SIR: SIR across the whole of Bihar is arguably not supported under Section 21(3), which refers to constituency-specific revisions only.
• Challenge to Transparency & Natural Justice: Summary rejection of applications due to lack of documents goes against the principle of natural justice and Rule 8.
• • Raises fear of a restricted or selective franchise, especially among marginalised communities.

Way Forward 

• EC must ensure no exclusion of eligible voters, especially the poor & migrants.
• Use Aadhaar linkage to detect duplicate entries, while ensuring privacy.
• Extend timelines and grievance redressal during claims and objections phase.
• Balance voter purity with inclusion—exclusion is as damaging as inclusion of ineligible names.

Conclusion

• While the ECI has broad powers, it must act within the law and uphold natural justice. The Bihar SIR raises concerns over timing, scope, and fairness—judicial scrutiny will determine if electoral integrity aligns with democratic inclusivity.

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