Disenfranchisement in a Democracy — Bihar’s Electoral Roll Revision and Constitutional Concerns

✍️ By Suryavanshi IAS
📌 For: UPSC GS Paper II – Polity & Constitution
📚 Themes: Electoral Reforms, Disenfranchisement, Article 14, 324, 326, Role of ECI, Procedural Fairness

🔍 Introduction: What Happens When Your Name Disappears from the Voter List?

"Democracy is the rule of the people, by the people, for the people." But what if the people themselves are missing from the electoral roll?

This chilling question becomes real in Bihar, where lakhs of voters face the risk of being disenfranchised due to the Special Intensive Revision (SIR) ordered by the Election Commission of India (ECI) in June 2025. With state elections on the horizon, this seemingly administrative exercise has turned into a constitutional and human rights issue, raising concerns around transparency, arbitrariness, and inclusion.

⚖️ What is the Special Intensive Revision (SIR)?

The SIR is a targeted exercise by the ECI to revise the electoral rolls, aiming to weed out ineligible voters and verify voter data.

🧾 But the Problem:

The criteria are vague and inconsistently applied.
Many commonly accepted documents like Aadhaar, Ration Card, and even the EPIC (Elector's Photo Identity Card) are excluded.
Voters added after 2003 now need to re-verify their citizenship and eligibility.

⏱️ Timeline Crisis:
The draft roll is to be published by August 1, leaving voters just 30 days to appeal or provide documents. A disaster in the making for the poor and marginalised.

📜 Constitutional and Legal Provisions Involved

1. Article 324 – Superintendence, direction and control of elections

➡️ Empowers the ECI to conduct elections and revise rolls.
✅ However, this power is not absolute and must respect constitutional rights.

2. Article 326 – Universal Adult Franchise

➡️ Guarantees voting rights to all citizens above 18 years.
✅ Denial of this right through bureaucratic overreach violates democratic principles.

3. Article 14 – Right to Equality

➡️ Any classification (e.g., treating 2003 and post-2003 voters differently) must be:

Based on intelligible differentia
Have a rational nexus with the law’s objective
❌ In this case, both are questionable.

📚 Important Terms for UPSC – Explained Scientifically

Term	Meaning	UPSC Relevance
Disenfranchisement	Deprivation of the right to vote	Electoral reforms, Democracy
Electoral Roll	Official list of people eligible to vote	Role of ECI
Universal Adult Suffrage	Right of all adults (18+) to vote regardless of caste, class, gender, etc.	GS II Polity, GS I Society
Procedural Fairness	Principle that administrative processes must be transparent and just	Administrative Ethics, Polity
Fait accompli	Something already done or irreversible	IR, Legal Affairs
Arbitrariness	Use of authority without reasonable justification	Violates Article 14
Classification under Article 14	Must pass the two-fold test: intelligibility + rational nexus	GS II - Polity

🧠 Analysis: Why This Matters for Democracy

The revision violates three pillars of democratic legitimacy:

Procedural Fairness:
Voters are being asked to provide new documents with little notice. Many don’t even know their names were deleted.
Equality before Law:
Why is a school certificate valid but not an Aadhaar card or EPIC issued by ECI itself?
Inclusion in Democracy:
As Ornit Shani observed in her book How India Became Democratic, the original roll-making exercise presumed everyone belongs. That inclusive presumption is now being reversed.

🧑‍⚖️ Supreme Court's Intervention (July 10, 2025)

The SC asked the ECI to "consider" Aadhaar, EPIC, and ration cards as valid documents.
⚠️ But “consider” is ambiguous — does it imply mandatory inclusion or optional discretion?

📌 Legal Interpretation Question for UPSC Mains:

Should “consider” in judicial orders be interpreted as directive or discretionary?
Discuss with reference to administrative law and electoral jurisprudence.

🔧 Implications for Policy and Governance

Burden of Proof Shifted: Citizens are now asked to re-prove their eligibility for a right already exercised.
Exclusion of Marginalised: Poor, Dalits, Adivasis, migrant workers, and illiterates will suffer disproportionately.
Legal Recourse Difficult: Most affected people cannot afford to litigate or even navigate the process.

📝 GS II Link:
This becomes a case study in "Good Governance vs Rule by Discretion", and a critical issue for citizenship and electoral reforms.

📚 What UPSC Aspirants Must Learn From This

🔍 Key Concepts to Focus On:

Article 324 vs 326 tension
Electoral roll maintenance procedure
Due process and rule of law
Rights vs administrative convenience
Judicial review of ECI decisions
Intersection of governance and constitutional morality

📌 Possible Mains Questions:

Discuss how arbitrary disenfranchisement challenges the foundations of electoral democracy in India.
How can procedural fairness be ensured in electoral roll revisions? Examine the role of ECI in light of recent developments.
“The presumption of citizenship must favour the individual, not the State.” Critically evaluate.

✅ Conclusion: Democracy is More Than Just Voting — It’s Inclusion

The right to vote is not just a statutory entitlement. It is a democratic affirmation of personhood. When bureaucratic discretion outweighs constitutional protection, democracy becomes hollow. The ECI, while tasked with preserving electoral integrity, must not alienate citizens from the very process they are meant to participate in.

As UPSC aspirants, remember that governance is not about exclusion — it is about ensuring equal participation, justice, and voice.

📖 "An inclusive electoral roll is not a favour by the state. It is the citizen’s constitutional right."
— Suryavanshi IAS

Suryavanshi IAS

Wednesday, July 16, 2025