Constitutional Provisions and Legal Basis

• Article 324 of the Indian Constitution entrusts the Election Commission of India (ECI) with the superintendence, direction, and control of the preparation of electoral rolls for elections to the Parliament and State Legislatures.
• Article 326 provides that every citizen of India who is 18 years or older has the right to be registered as an elector (voter).

The Representation of the People Act, 1950 (RP Act) governs the preparation of electoral rolls:

• Section 16: There shall be an electoral roll for every constituency.
• Section 19: A person must be 18 years or older on the qualifying date and be ordinarily resident in the constituency.
• Section 20: Defines the term “ordinarily resident”. A person is not considered ordinarily resident merely because they own a house there. Temporary absence does not affect their ordinary residency.

Why Has the SIR Been Initiated?

• Section 21 of the RP Act allows the Election Commission to undertake a special revision of electoral rolls at any time, for recorded reasons.

ECI’s justification:

• In the last 20 years, large-scale urbanisation and migration have resulted in significant additions and deletions in electoral rolls.
• This raises the risk of duplicate entries and ineligible voters.
• It is the constitutional responsibility of the ECI to ensure that only eligible citizens are enrolled.

Why start with Bihar?

• The ECI plans to carry out SIR nationwide, but it is starting with Bihar since assembly elections are due in November 2025.
• The last SIR in Bihar took place in 2003.
• The qualifying date for the current SIR is 1st July 2025.

What is Different This Time?

• In 2003, enumerators conducted house-to-house verification using hard copies of the rolls.
• In the 2025 SIR, every voter is required to submit an enumeration form to Booth Level Officers (BLOs).
• Voters already registered in the 2003 roll need to submit only an extract from that roll as proof.
• Voters added after 2003 must provide documents establishing their date and place of birth, as well as those of their parents.

Major Concerns and Debates

1. Scale and Time Requirements

Arguments in favour:

• The 2003 SIR was conducted in 31 days without technological support.
• With over 1 lakh BLOs, 4 lakh volunteers, and 1.5 lakh Booth Level Agents (BLAs) from political parties, the process is manageable.

Counterarguments:

• Over 8 crore voters are expected to submit forms, and nearly 3 crore may need to submit supporting documents.
• Migrant labourers and students may be unable to submit forms within the tight deadline.
• Errors in inclusion and exclusion are still possible despite large manpower deployment.

2. Exclusion of Aadhaar as a Document

Arguments in favour:

• Aadhaar is not a valid proof of citizenship or date of birth.
• The Aadhaar card carries a disclaimer stating it cannot be used as proof of citizenship.
• Hence, it is excluded from the list of valid documents in line with legal and constitutional norms.
• Acceptable documents include caste certificates, family registers, and land allotment documents.

Counterarguments:

• Aadhaar has become a universal identity document, especially for the underprivileged.
• As per Form 6 under the Registration of Electors Rules, 1960, Aadhaar is required unless the person does not have one.
• The EC’s SIR guidelines now mandate an additional declaration form and other documents for proving birth and residence.

3. Exclusion of Migrants from Electoral Rolls

Arguments in favour:

• The RP Act states that only those ordinarily resident in a constituency should be included.
• Migrants who have moved permanently for education or employment should be registered in their new place of residence.

Counterarguments:

• The RP Act also clarifies that a person temporarily absent does not lose the status of “ordinarily resident”.
• Migrant workers often return to their native place; their families and assets remain there.
• These individuals may wish to retain their voting rights in their original constituency.

The Way Forward

• The inclusion of an ineligible person on the electoral roll is as serious an issue as the exclusion of an eligible citizen.
• Therefore, the rolls must be thoroughly verified, error-free, inclusive, and just.

Any large-scale revision like SIR must ensure that:

• It does not discriminate against the poor, students, or migrant workers.
• Legitimate citizens are not disenfranchised due to technical or documentation gaps.
• The process remains transparent and equitable for all stakeholders.