Association Of Democratic Reforms Moves Supreme Court Against EC’s Special Electoral Roll Revision in Bihar, Alleges Risk of Mass Disenfranchisement

---

The Association for Democratic Reforms (ADR) has filed a petition in the Supreme Court of India challenging the Election Commission of India’s (EC) directive to carry out a Special Intensive Revision (SIR) of the electoral rolls in Bihar, a state scheduled to go to the polls later this year.

The move has sparked a significant legal and constitutional debate around voter rights, documentation, and due process in the conduct of free and fair elections.

 

The Election Commission issued the SIR directive on June 24, stating that the exercise aims to update and cleanse the electoral rolls by removing ineligible or duplicate entries and ensuring that only genuine and eligible citizens are included as voters.

 

However, the ADR, a well-known election watchdog NGO, argues that the move is legally flawed, procedurally arbitrary, and could potentially lead to the disenfranchisement of lakhs of genuine voters, especially among marginalised and economically weaker sections of society.

 

The petition, filed by advocate Prashant Bhushan, contends that the EC’s order and subsequent communications regarding the SIR violate several fundamental rights enshrined in the Constitution of India, including:

• Article 14: Right to equality before the law

• Article 19: Right to freedom of expression and association

• Article 21: Right to life and personal liberty

• Article 325 and 326: Right to be included in electoral rolls and to vote, irrespective of caste, creed, religion, or economic status

 

In addition, the petition also cites violations of the Representation of the People Act, 1950, and Rule 21A of the Registration of Electors Rules, 1960, which govern the process of voter registration and electoral roll maintenance.

ADR: “Risk of Disenfranchising Lakhs Without Due Process”

In the petition, Bhushan argued that the EC’s order is flawed due to its lack of transparency, unclear procedural safeguards, and unreasonably short deadlines imposed for the completion of such a large-scale exercise.

The EC has mandated a house-to-house verification process to be conducted by Booth Level Officers (BLOs), who will collect documents from voters for verification.

Bhushan said that the documentation requirements under the directive are unclear and excessively stringent, which could lead to the arbitrary removal of names from the voters’ list without adequate notice, grievance redressal mechanisms, or time for rectification.

“The Special Intensive Revision, in the way it has been conceived and is being implemented, is bound to result in the removal of names of lakhs of genuine voters from the electoral rolls,” Bhushan stated.

EC’s Rationale: Urbanisation, Migration, and Illegal Immigration

 

Defending the exercise, the Election Commission has cited several reasons for launching the SIR in Bihar at this juncture. Among the key factors mentioned are:

• Rapid urbanisation and shifting populations within and across districts

• High levels of internal migration, especially among the youth

• A significant number of citizens attaining voting age

• Non-reporting of deaths, leading to outdated voter entries

• Concerns over illegal foreign nationals being included in the electoral rolls

 

The EC claims that the SIR is a corrective and forward-looking measure aimed at ensuring the accuracy, reliability, and integrity of the voters’ list ahead of the high-stakes Bihar Assembly elections, which are expected to be held in November 2025.

EC: “We Will Follow Constitutional and Legal Framework”

In response to growing criticism and legal scrutiny, the EC has reaffirmed its commitment to upholding constitutional and statutory safeguards.

It has clarified that the revision process will be carried out strictly the provisions of Article 326 of the Constitution, which guarantees adult suffrage, and Section 16 of the Representation of the People Act, 1950, which deals with disqualifications for registration in an electoral roll.

The EC has also indicated that the 2003 electoral roll of Bihar will serve as a base reference document. Voters whose names are already present in that roll, estimated to be around 4.96 crore of the state’s total 7.89 crore electorate, will not be required to submit any new documents. However, the remaining 2.93 crore voters, roughly 40% of the electorate, will be required to submit one of 11 prescribed documents to prove their identity, age, and place of birth.

Concerns Over Timelines and Political Repercussions

One of the primary concerns raised by ADR and other political observers is the timing and urgency of the SIR exercise, given the short window before elections.

Critics argue that such an extensive verification process requires more time, public awareness, and infrastructural preparedness to avoid unintentional exclusion of eligible voters.

Moreover, opposition parties such as the Congress, Trinamool Congress, and RJD have also raised suspicions about the political motives behind the SIR, alleging that it could be a “backdoor attempt” to implement an NRC-like exercise, aimed at manipulating the voter base.

Supreme Court to Hear the Matter

The Supreme Court is expected to take up the ADR’s petition in the coming weeks, possibly marking a significant judicial intervention in the functioning and independence of the Election Commission.

The outcome of the case could set a precedent on how far electoral authorities can go in cleansing voter rolls without violating citizens’ rights and due process.

 

As Bihar prepares for elections in a politically charged environment, this legal battle over voter verification may become one of the most watched developments, with implications not only for the upcoming polls but for India’s electoral democracy at large.