Special Intensive Revision in Bihar: Agitating for Illegals

The Election Commission’s initiation of Special Intensive Revision (SIR) of electoral rolls in Bihar, ahead of upcoming Legislative Assembly elections, has triggered a massive political storm. The constitutionally mandated clean-up of Bihar’s bloated voter rolls seeks to ensure that only Indian citizens are voters. However, political parties have erupted in protest. The opposition is likely due to the fear that the revision might expose and remove illegally foreign immigrants who have infiltrated and enrolled as voters, and disturb their long-nurtured vote banks.

In the name of “inclusion,” an orchestrated furore is being whipped up against a transparent, lawful exercise rooted in the Constitution and legal framework. Ironically, those who once cried foul over fake voters and were against making Aadhaar mandatory are now resisting the very audit that seeks to correct voter rolls and have even turned into advocates of Aadhaar to be accepted as proof of citizenship.

Reclaiming Sanctity of Electoral Rolls

The Election Commission has observed that over the last two decades, rapid urbanisation, increased migration and demographic shifts have resulted in large-scale additions and deletions to the electoral rolls, raising the risk of duplicate or inaccurate entries.

As the custodian of free and fair elections, the Commission is constitutionally obligated to ensure that only Indian citizens are included in the electoral rolls. In light of this, the EC has resolved to conduct a Special Intensive Revision (SIR) across the country, beginning with Bihar. The last such comprehensive revision in Bihar was undertaken in 2003.

Given that Bihar Assembly elections are scheduled for November 2025, the Commission has issued specific guidelines for a state-wide SIR, setting July 1, 2025 as the qualifying date for determining voter eligibility.

Constitutional & Legal Mandate

The electoral roll is the official list of eligible voters for a constituency and is prepared under the supervision of the Election Commission of India (ECI). Constitutionally, Article 324 empowers the ECI to supervise the preparation and revision of electoral rolls, while Article 326 guarantees the right to vote to every citizen aged 18 or above.

Legally, the Representation of the People Act, 1950 provides the operative framework. Section 16 disqualifies non-citizens; Section 19 mandates that only citizens aged 18+ and “ordinarily resident” in a constituency may be enrolled and Section 20 clarifies that mere home ownership does not establish residency, though temporary absence doesn’t disqualify a person. Crucially, Section 21 authorises the ECI to conduct a special revision of electoral rolls at any time, for reasons to be recorded in writing.

Commenced on June 24, 2025, this ‘de novo’ revision exercise is being described as one of the most far-reaching electoral audits since Independence. Marking a sharp departure from conventional summary revisions, the SIR reflects the Commission’s renewed commitment under Article 324 of the Constitution and Section 21(3) of the Representation of the People Act, 1950, to uphold the twin objectives of accuracy and inclusion – “No eligible elector to be left out, and no ineligible person to be included.”

Process & Progress

As the first phase is on the verge of conclusion, Bihar finds itself at the forefront of electoral integrity, supported by fieldwork, digital outreach, and structured verification. The Special Intensive Revision is not a routine update but a fresh audit. It is a ‘from scratch’ validation of the electoral base. The last such intensive revision in Bihar was conducted in 2003, making this exercise a two-decade overdue realignment with ground realities.

Recognising that EPIC, Aadhaar, and ration cards, are valid Id proofs, but are insufficient to establish citizenship or eligibility, the ECI has framed a documentation framework based on year-of-birth categories:

• For those born before 1987: Requires only proof of age and residence.
• For those born between 1987–2004: Must furnish at least one parent’s proof of citizenship.
• For those born after 2004: Must furnish both parents’ proof and personal birth certificate.
• A total of 11 acceptable documents have been enumerated, ensuring rigor without rigidity.

SIR Phase I Data (As of July 23, 2025)

In a move towards bipartisan transparency, the ECI shared these findings on July 20, 2025 with over 1.5 lakh Booth Level Agents (BLAs) nominated by District Presidents of 12 recognised political parties across Bihar.

In its efforts to ensure that no voter is left out, the Commission has operationalised multiple channels for voter engagement, particularly for temporarily migrated electors or those living outside Bihar:

• Online submission at https://electors.eci.gov.in or through the ECINet mobile app
• Offline submission of signed forms via family members to the Booth Level Officer (BLO)
• WhatsApp-based submission of scanned signed forms to BLOs’ registered mobile numbers

The ECI has further enabled real-time tracking of Enumeration Form status via https://electors.eci.gov.in/home/enumFormTrack and sent SMS alerts to mobile numbers recorded in submitted forms. After the said phase comes to an end this month, on August 1, 2025, Draft Electoral Roll would be published. Thereafter, anyone aggrieved whose name is missing or incorrectly included in the draft roll may file the appropriate representation before the Electoral Registration Officer (ERO) or Assistant ERO of the concerned Assembly Constituency. The period for making claims or objections is up to September 1, 2025.

Judicial Scrutiny & Response

The Special Intensive Revision came under judicial review before the Supreme Court, with concerns raised about timing, document thresholds, and possible exclusion. However, in its order dated July 10, 2025, the Court refused to stay the process, recognising its constitutional foundation and rationale. The Court stated that while adjudication of nationality falls within the ambit of the Ministry of Home Affairs, the ECI has the authority to verify citizenship for electoral enrolment. The Apex Court went on to suggest that the ECI considers broader documentary options (like EPIC and Aadhaar) but left the final discretion to the Commission.

In its detailed affidavit dated July 21, 2025, filed before the Supreme Court, the ECI reaffirmed that firstly, EPIC is a downstream document as a result of previous electoral rolls, and hence cannot be considered as a standalone proof of citizenship. Secondly, Aadhaar is not proof of citizenship under Section 9 of the Aadhaar Act, as mentioned specifically on the Aadhar Card itself. Thirdly, Ration Cards are unreliable due to previous large-scale frauds. The Commission reiterated that Enumeration Form validation is not automatic, and each case is subject to field verification and the professional discretion of EROs and AEROs.

Maintaining the integrity of electoral rolls is crucial for free and fair elections. Due to significant changes in the rolls over 20 years, caused by urbanisation, migration, and new eligible voters, there is a risk of duplicate or ineligible entries. The Bihar SIR is a bold reaffirmation that Universal Adult Franchise is not just a right, but it is also a responsibility. By combining technological access, institutional scrutiny, and field-level transparency, the Election Commission has demonstrated that electoral purification is both possible and necessary.

As the process moves into the claim-and-objection stage and the Supreme Court hears the matter on July 28, 2025, one thing is certain: The Election Commission is determined to reclaim the sanctity of electoral roll
and to secure – no eligible elector excluded, no ineligible person included.