A Controversial Electoral Overhaul
On June 24, 2025, the Election Commission of India (ECI) announced a Special Intensive Revision (SIR) of electoral rolls in Bihar, a move aimed at updating voter lists ahead of the state’s assembly elections scheduled for November 2025. The ECI described the exercise as essential to ensure the “integrity of the electoral roll,” citing rapid urbanization, migration, and the inclusion of ineligible voters, including non-citizens, as reasons for this intensive revision—the first of its kind in Bihar since 2003. However, this initiative has ignited a firestorm of criticism, with opposition leaders, activists, and civil society groups labelling it as an “anti-constitutional” attempt to disenfranchise millions, particularly the poor and marginalized. As protests erupt and legal challenges mount, the SIR has become a flashpoint in India’s democratic discourse, raising questions about the ECI’s motives and the potential erosion of voting rights.
The SIR Process: A Closer Look
The SIR involves a door-to-door verification drive by Booth Level Officers (BLOs) to identify eligible and ineligible voters, requiring electors to submit enumeration forms along with one of 11 specified documents to prove citizenship. According to the ECI, nearly 47% of Bihar’s 7.89 crore electors—approximately 3.7 crore—had submitted forms by July 8, 2025, indicating significant progress. The process is governed by Article 326 of the Constitution and Section 16 of the Representation of the People Act, 1950, which mandate that only Indian citizens above 18 years of age, not disqualified on grounds such as non-residence or criminality, can vote. The ECI has emphasized its commitment to adhering to these constitutional provisions, but critics argue that the execution of the SIR undermines these very principles.
The list of acceptable documents excludes widely held forms of identification like Aadhaar and ration cards, which are accessible to over 90% of Bihar’s population. Instead, voters must provide documents such as passports, birth certificates, or other proofs of citizenship, which many rural and economically disadvantaged citizens lack. The tight timeline—set to conclude by July 25, 2025—further exacerbates concerns, as it leaves little room for millions of migrant workers and impoverished voters to comply.
Allegations of Anti-Constitutional Conduct
The opposition, led by the INDIA bloc, including the Rashtriya Janata Dal (RJD), Congress, and Left parties, has accused the ECI of overstepping its constitutional mandate. Critics argue that the SIR imposes an unprecedented burden of proof on citizens, effectively treating every voter as a potential non-citizen unless proven otherwise. This approach, they claim, violates fundamental rights under Articles 14 (equality before the law), 19 (freedom of expression), and 21 (right to life and personal liberty) of the Constitution. The Association for Democratic Reforms (ADR), in its petition to the Supreme Court, contends that the ECI’s directive lacks the legally required “reasons to be recorded” for such a drastic measure, especially so soon after a routine revision in June 2025.
Trinamool Congress MP Mahua Moitra has labeled the SIR a “backdoor NRC” (National Register of Citizens), alleging it introduces citizenship rules not found in the Constitution. Similarly, AIMIM chief Asaduddin Owaisi has criticized the ECI for poor planning, noting that the process fails to account for Bihar’s 1.5 crore migrant workers who are unlikely to return to the state to submit forms. National Conference leader Farooq Abdullah has gone further, warning that the SIR could spark nationwide protests, describing it as a deliberate attempt to disenfranchise marginalized communities under political pressure.
Political Storm and Public Protests
The SIR has triggered widespread unrest, culminating in a Bihar Bandh on July 9, 2025, supported by the INDIA bloc. Opposition leaders, including Rahul Gandhi and Tejashwi Yadav, led protests in Patna, with Congress workers blocking railway tracks and RJD supporters burning tires to demand the SIR’s suspension. Yadav accused the ECI of becoming a “wing of a political party,” alleging that the revision is designed to benefit the ruling National Democratic Alliance (NDA) by excluding voters from opposition strongholds. The Supreme Court’s decision to hear petitions challenging the SIR on July 10, 2025, filed by RJD MP Manoj Jha, ADR, PUCL, and others, underscores the gravity of the controversy.
The ECI’s conflicting messaging has further fueled distrust. Initial advertisements suggested leniency, allowing voters to submit forms without documents and complete verification later through local investigations. However, subsequent clarifications emphasized the need for documentation, creating confusion and raising suspicions of a hidden agenda. Critics have suggested that the ECI’s vague advertisements might be a ploy to identify and potentially exclude voters unable to provide proof of citizenship.
Historical Context and Systemic Flaws
The SIR’s critics point to systemic issues in India’s voter registration process, particularly the lacuna in Form 6, which does not require proof of citizenship for initial registration. This loophole, rooted in the Registration of Electors Rules, 1960, has allowed unverified names to accumulate on voter lists over decades. The ECI’s current drive to “weed out non-citizens” through the SIR is seen as a belated attempt to address this issue, but its timing—months before a high-stakes election—has raised eyebrows. The last intensive revision in Bihar, conducted in 2003-2004, was followed by years of summary revisions, which critics argue were insufficient to maintain electoral roll accuracy.
The ECI’s rationale for the SIR—urbanization, migration, and the inclusion of ineligible voters—has been dismissed by some as inadequate. Jagdeep Chhokar of ADR argues that these issues have persisted for decades, and the sudden urgency lacks justification. The reliance on local Electoral Registration Officers (EROs) for verification also raises concerns about bias and misuse, particularly in a state with a history of electoral controversies.
Impact on Marginalized Communities
The SIR’s documentation requirements disproportionately affect Bihar’s poor, rural, and minority populations. Many lack access to formal documents due to economic constraints, illiteracy, or bureaucratic inefficiencies. Women, Dalits, and Muslims, who form significant voting blocs, are particularly vulnerable to exclusion. The exclusion of Aadhaar, a document held by over 90% of Biharis, has been criticized as arbitrary, given its widespread use for other government services. The Hindu has called for broadening acceptable forms of identification to prevent disenfranchisement, warning that the current approach risks creating “second-class citizens.”
The ECI’s Defence and the Road Ahead
The ECI has defended the SIR, citing Article 326’s mandate for universal adult suffrage and emphasizing that the process adheres to constitutional and legal frameworks. It has dismissed opposition claims as “misleading” and highlighted the collection of nearly 47% of enumeration forms as evidence of public cooperation. However, the Supreme Court’s impending ruling on July 10, 2025, could determine the SIR’s fate. If the court finds the process unconstitutional, it may set a precedent for electoral reforms nationwide. Conversely, upholding the SIR could embolden the ECI to replicate the exercise in other states, as feared by critics like Moitra.
A Test for Indian Democracy
The SIR controversy in Bihar is more than a regional electoral dispute; it is a litmus test for India’s democratic institutions. The ECI’s attempt to clean voter rolls, while necessary in principle, has been marred by poor execution, unclear communication, and allegations of political bias. By placing the burden of proof on voters, particularly those least equipped to comply, the SIR risks undermining the constitutional right to vote—a cornerstone of India’s democracy. As the Supreme Court prepares to weigh in, the nation watches closely, aware that the outcome will shape not only Bihar’s electoral landscape but also the trust in one of India’s most vital institutions.
All eyes are on the Supreme Court which is likely to hear the petitions against this draconian measure on July 10, 2025.
Hasnain Naqvi is a former member of the history faculty at St. Xavier’s College, Mumbai
