The Muslim electorate at margins in Bihar

ON JUNE 24, THE ELECTION COMMISSION OF INDIA announced a Special Intensive Revision (‘SIR’) of the Electoral Roll (‘ER’) in Bihar, just months ahead of the State Assembly elections. While such revisions are standard electoral procedures, the conditions attached to this one, particularly the requirement to prove citizenship for those not listed in the 2003 voter roll, have triggered anxiety and confusion among millions of voters.

The Notification as issued by the EC is to  incorporate the names of all eligible citizens in the electoral roll; ensure that no ineligible voter is included in the electoral roll; and to introduce complete transparency in the process. The purported function of the SIR, therefore, seems to facilitate smooth and fair elections in Bihar.

When the election is just around the corner (November 2025), should the EC undertake the task? Is it possible to conduct the SIR within a short period of one month (till July 25)? Would the small window of one month give a fair opportunity to the population (a substantial portion of which migrates to other states for work and where the records of death and birth are deeply skewed)? Does the EC have enough cadres to translate the promise with utmost efficiency? All these questions have been addressed by the EC. The response has been deeply contested by the reports coming from the ground, as the exercise continues.

Constitutional framework

Three issues are contested here.

i) Citizenship, which is determined in accordance with the Citizenship Act, 1955 (as amended by the Amendment Act, 2019) and conferred by the Central Government (based on an application for citizenship) in accordance with the Citizenship Rules, 2009. 

ii) Census (defining domicile), which is done to calculate the population across criteria such as age, gender, community, religion, caste, geographical boundaries etc. iii) ER, which determines who amongst the citizens are eligible to vote. The purpose of ER altogether is different. It is neither to impinge upon the citizenship status nor the domicile of the electorate. 

Articles 324 and 326 of the Constitution are important here. Article 324 gives the power to prepare ER to the EC. The power to “prepare” also covers the power to “revise” the ER. Article 326 defines the criteria for adult suffrage and the ground of disqualification as a voter. Section 16 of The Representation of People Act, 1950 (RP Act) provides grounds of disqualification from being included in the ER. Article 326 and Section 16, when read together, establish non-residency and non-citizenship as two major criteria for disqualification from ER.

Flawed Intention

The EC holds the constitutional mandate to conduct the “revision”. The mandate when translated into action must, however, be tested on the grounds of “intention” and “method”.