Allowing for a Fresh Approach to India's Electoral Register Supervision Following the Bihar Sir Incident
The Election Commission of India (ECI) has implemented stricter document requirements for the Special Intensive Revision (SIR) of Bihar’s electoral rolls, aimed at ensuring the integrity of the electoral process. However, these changes have raised concerns about potential exclusion of eligible voters, particularly marginalised and migrant populations.
Tighter Documentation Requirements
Under the new rules, voters registered before 2003 only need to prove their names appeared on the Bihar electoral roll of that year. Those aged 21 to 40 who were too young to be on the 2003 roll must provide either their parents' proof of enrollment or their own identity and citizenship documents. Older individuals not on the 2003 roll must submit documentary proof of their citizenship, identity, and residence.
All submitted documents must be self-attested and Aadhaar cards are not included among accepted documents for this revision. These requirements relate to the right to vote in India, guaranteed by Article 326 of the Constitution, which promises the right of every citizen above 18 years of age to be registered as a voter.
Potential Exclusion of Eligible Voters
Critics argue that these new requirements could exclude many eligible voters, particularly those who are poor, marginalised, or migrant populations who may not have easy access to documents or whose records were not in the 2003 roll.
In contrast, countries like Canada auto-update their National Register of Electors via tax and driving-licence databases, eliminating the need for citizens to re-submit documents. South Africa also prohibits mass deletions within six months of an election to prevent potential exclusion of eligible voters.
Proposed Solutions and Challenges
To address these challenges, several proposals have been made, including legislating a State-wide SIR clause, codifying notice, reply, and speaking-order requirements, implementing offline-first ECINET mobile apps, and establishing Migrant Facilitation Desks, District Election Ombudsmen, and CAG-empanelled social audits.
However, the Bihar SIR exercise faces other challenges. For instance, the high bandwidth demands of ECINET collide with patchy 3G/4G in flood-prone districts, leading to technological exclusion. Seasonal migrants often oscillate between two addresses, confusing Booth-Level Officers (BLOs) during the revision process.
Moreover, the Bihar SIR exercise was launched four months before the upcoming polls, leading to perceptions of partisan advantage. Pre-2005 rural births seldom have birth certificates, creating a document deficit for many individuals. The EPIC cards issued earlier are also being rejected, which can erode public trust.
The Supreme Court has intervened in the Bihar SIR case through a batch of writs, and the ECI's autonomy is governed by Article 324 of the Indian Constitution. The single general electoral roll for every constituency is mandated by Article 325 of the Indian Constitution.
In conclusion, the Bihar SIR exercise imposes more rigorous documentary proof tied to historical rolls to authenticate voter identity and citizenship, directly impacting the exercise of the constitutional voting right in Bihar ahead of its elections. It is crucial to ensure that these changes do not lead to the exclusion of eligible voters and that the electoral process remains fair and inclusive for all.
- The stricter document requirements for the Special Intensive Revision (SIR) of Bihar's electoral rolls, which include self-attested identity and citizenship documents, may potentially exclude eligible voters who are part of marginalized or migrant populations, as their records might not be contemporaneous with the 2003 electoral roll.
- The tension between ensuring the integrity of the electoral process through tighter documentation and preventing the potential exclusion of eligible voters is particularly evident in the case of countries like Canada, which autoupdate their National Register of Electors, reducing the need for citizens to re-submit documents, unlike the current scenario in Bihar.
