E.C.I. SHOULD NOT FORGET PAST DRIVES IN THE NAME OF SPECIAL INTENSIVE REVISION

Ever since order of 24 June regarding Special Intensive Revision (SIR) of Electoral roll in Bihar has been issued, widespread debate has begun, coupled with expression of genuine apprehension.It marks a sharp departure from previous drives & methods, disregards sanctity of existing roll and sets aside self declaration of the voters.

Also never before ECI required existing electors to furnish documentary proof to be a voter. Enumerators were neither required nor authorised to verify citizenship or age. Entries were made solely on information furnished by head or a senior member of household.To make information authentic, person concerned was requested to sign or give thumb impression on enumeration pad with an undertaking that information provided was true to the best of his knowledge. Draft rolls were prepared on the basis of such information.

GAUHATI HIGH COURT’S ORDER OF 1993

The Gauhati High Court has held in the case H.R.A. Chaudhury vs E.C.I. & others in1993 that draft rolls are to be prepared on the basis of statements submitted by heads of households in Form 4 under Rule 8 of Registration of Electoral Rules,1960. Court further underlined that such a statement cannot be brushed aside as it has its own value. Further, Rules do not contemplate any inquiry into question of citizenship at the stage of preparation of draft roll. Supreme Court was pleased to uphold above landmark ruling of Gauhati High Court.

STAND OF E.C.I. REGARDING SANCTITY OF ROLLS & DELETION

E.C.I. has consistently advised its officers to uphold sanctity of existing rolls and that such names could not be deleted merely on the allegation that concerned individuals were non-citizens. It also has maintained that deletion of names should only be on the basis of production of positive documentary proof obtained by the objector from proper authority dealing with question under law. Even then in such cases, reasonable opportunity should be given to affected elector. Onus, therefore, was clearly on objector, NOT on elector, whose continuance on the roll was objected to.

Interestingly, this stand has figured in the Annual Report of ECI for 1983.

ECI undertook staggered Intensive Revision of rolls in 1983 & 1984. Further, it went on to clarify that illegal migrant was not its concern. On being approached by Brigadier T.Sailo, former C.M.,Mizoram on the issue, it requested him to approach MHA for effectively dealing with this aspect of the problem.

CRUCIAL ROLE OF E.C.I.

We may be aware that Article 326 of the Constitution provides for adult suffrage for electiins to Lok Sabha and state Legislative Assemblies. Meaning thereby, every Indian citizen who is 18 years of age and is otherwise not disqualified under the Constitution or any other law, is entitled to be registered as a bonafide voter. In essence, this article gives a guarantee to all eligible adult citizens to exercise their fundamental right to vote.

Elections to Lok Sabha and Assemblies are regularly conducted by ECI with the help of CEOs, District Collectors, EROs and BLOs. Whole machinery at State and District level gets fully engaged from the date of announcement of election till completion of the entire process.

Revision of electoral roll prior to an election should be and is a legitimate exercise to be conducted by the Election Commission.

It is of following four types:

Annual Revision, Summary Revision, Intensive Revision and Special Intensive Revision (SIR).

Intensive Revision refers to the de novo preparation of the electoral roll from scratch through personal house to house field verification by Electoral Registraion Officers (EROs).

E.C.I. ORDER DATED 24 JUNE, 2025

An order for SIR in Bihar, which is scheduled to have Assembly Elections in November, 2025, was issued by ECI on 24th June. SIR is required as per the E.C.I., due to :

• Rapid urbanisation, *Frequent migration of people,

• Young citizens becoming eligible to vote,

• Gaps in reporting about deaths and

• Possible inclusion of foreign illegal immigrants in voters list.

ECI has fixed the date of August 1, 2025 for Draft publication of Electoral Roll. Suggestions for corrections will be invited by September 1 and Final Roll is expected to be published by September 30, 2025.

Conduct of this gigantic exercise by Booth Level Officials and ERO’s by braving blistering heat and treacherous Monsoon is proceeding slowly. As of July 5, barely 14.18% of voters had submitted filled up enumeration forms.

HEARING IN SUPREME COURT

Many petitions were filed in Supreme Court
questioning revision on various grounds, including exclusion of Aadhar and timing of the exercise.
A two Judge Vacation Bench comprising of Justice Sudhanshu Dhulia and Justice Joymalya Bagchi heard the matter on July 10. While declining to order a STAY, Court allowed the revision to continue but suggested adding Aadhar, Ration card and Voter’s card to the list of documents.

The Bench told the counsel of the Commission to give reasons if they wished, to discard these. Bench did not comment on very power of ECI to undertake the exercise but procedure and manner in which the exercise was being conducted and the timing fixed, were dealt with. In its opinion, Bench stated that timing being short, was not practical. Justice Dhulia doubted if ECI could meet it with the procedure they had adopted. Personal hearing of voters was also involved. Moreover, it was to be conducted “just ahead” of Bihar Assembly Elections.

Further, Justice Dhulia told ECI’s Counsel that in the event of large number of voters getting out, ECI had to intervene. Justice Bagchi stated that Citizenship was an issue to be determined not by ECI but by Ministry of Home Affairs.

One of the petioners contended that a kind of citizenship ‘screening’ was going on. Further, based on a Bihar Government survey, the Court was informed that only a negligible number of people had certificates sought by ECI.

Bench directed that the matter be listed for hearing again on July 28, prior to publication of draft electoral roll.

It is a matter of utter dismay that ECI has not issued any order regarding consideration of 3 additional documents. Hope they come out with a positive stand on July 28.

IS S.I.R. NEEDED AT THIS JUNCTURE ?

Conduct of such an exhaustive exercise for a sizeable number of 7.89 Crore voters, just four months ahead of elections has been considered too ambitious as also unfair. It has been also called arbitrary or excessive exercise of power. It was certainly avoidable at this point of time.

It has been discovered that last such Revision was conducted in Bihar in 2003 but that happened two years ahead of elections to state Assembly.

In order to grasp intent of ECI at present juncture, it would be necessary to see the SIR order concerning 2003 elections. If that was conducted efficiently, bereft of any complain, one would know current intention of ECI better.

Further, the order of 2003 of ECI has to be displayed. It should be in public domain, so that common man can be also apprised of circumstances at that point of time vis a vis at present.

CITIZENSHIP ISSUE

Since issue of inclusion of foreign illegal immigrants into the voters list has been raised, one would submit it is neither fair nor necessary for ECI to fiddle with this subject. Such a controversial issue does not come under its domain and that MHA was the concerned Ministry. ECI can not take a call on such contentious issues. A former civil servant feels that criterion of Citizenship was never raised by ECI in past.

PEEP INTO HISTORY

First Electoral roll of the country was prepared in 1950 without any complication. Experts opine that issue of foreigners may have figured definitely then since India had just become independent. It is also possible that it might have been resolved amicably.

Further, during the seven decade period or 75 years of independent India, number of voters has registered a rise from 18 Crores to 99 Crores now but there was nothing called falling in the trap of Citizenship controversy.

Moreover, Annual Report of ECI for1983 had clearly stated that subject of foreigners does not come under their domain. So by raising it, rather eloquently for SIR, 2025 of Bihar, ECI is blatantly contradicting their own stand taken in 1983.

REQUIREMENT OF DOCUMENTS

Never in the past, ECI has asked voters for any documentary proof for inclusion of name into electoral roll. Failure to furnish the same, may lead to deletion of name of person concerned from voters list. Majority of voters may not be in a position to furnish the needed documents within stipulated time line.One may note that 20% of Bihar voters are migrants and they can not afford to visit in view of floods and deteriorating law and order situation.

Experts, further feel that names can not be struck off on the ground of requirement of documents. Such an action of ECI is nothing but a veiled threat.

BIRTH CERTIFICATES

As regards birth certificates, it has been learnt that barely 2.8% of people born in Bihar between 2001 and 2005 possess these. Even if voters make an effort, same cannot be issued in such a short period. In good old days, date of birth mentioned in Matriculation or School Leaving Certificate was a valid document and was recognised everywhere. Same should suffice in this case also.

Besides, most of the people in the State donot have Passports and pre-1987 Identity Cards.

Asking for proof of Parents Birth also looks ridiculous. ECI had not asked for such a proof in the last two elections. Observers, accordingly feel that a totally new system was being created which is not needed at all.

Even Judges of Supreme Court seem to have stated that they also can not provide proof of their Parent’s Birth.

TO SUM UP

• Revision of Electoral Roll should be transparent, not lead to any kind of suspicion,

• Documents to prove credentials of a person are crucial. Onus is being put on applicant. It was other way round earlier,

• ECI no longer is recognising its own voter’s Identity documents,

• SIR is not about inclusion but exclusion of those who fail to prove their place & date of birth, or in effect, Citizenship. It has been learnt that large number of people are Bangladeshis, Nepalese and Myanmaris. ECI has neither affirmed nor denied it,

• Hurried action means more discretionary powers will go to ERO’s to take a decision on documents,

• Even NDA leaders of Bihar seem worried & concerned with SIR as it may affect their chances in West Bengal and Assam elections, to be held within a year. Afterall, Bihar exercise is being seen as a Pilot study,

• TDP, the most vital & reliable partner of the ruling party has stated that exercise should be about votership, NOT citizenship and enough time would be required,

• The way SIR is proceeding, errors are bound to occur.

(The author is former Chief Secretary, Sikkim)