Special Intensive Revision (SIR) in Bihar
Key Issues
-
Trigger:
- ECI ordered SIR of Bihar's electoral rolls (June 2025) ahead of Nov 2025 Assembly elections.
- Opposition alleges disenfranchisement of voters on citizenship grounds; ECI denies this.
-
Legal Framework:
- Article 326 (Constitution): Elections based on adult suffrage (citizens aged ≥18).
- RPA, 1950 (Sections 19-21):
- Conditions for voter registration: Citizenship, age ≥18, "ordinary residence" (Sec 20).
- Disqualifications: Unsound mind, specific conditions under RPA 1961.
- ECI’s Powers (Article 324): "Reservoir of power" for free/fair elections (Mohinder Singh Gill v CEC, 1978).
Controversial Aspects of SIR
| ECI’s Action | Legal Challenge |
|---|---|
| Qualifying Date: 01/07/2025 | • RPA Sec 21(2)(b) mandates Jan 1 as qualifying date for revisions.• July 1 has no statutory sanction. |
| State-wide Revision | • SIR ordered for entire Bihar, but RPA Sec 21(c)(i) allows special revision only for a constituency/part of it. |
| "Special Intensive Revision" | • Not defined in RPA; lacks statutory basis. |
| Citizenship Verification | • Rule 8 (Registration Rules): Info to be furnished "to the best of ability" of citizens.• Allegations of summary rejection of applications. |
ECI’s Legal Constraints
- Article 324 ≠ Unlimited Power:
- ECI must act under existing laws (RPA) where statute exists (Mohinder Singh Gill case).
- Power under Art 324 applies only where law is silent.
- Natural Justice: ECI must adhere to due process (citizenship proofs cannot be summarily rejected).
Previous UPSC Questions
- "The Election Commission is a constitutional body with vast powers, but it must function within the framework of the law." Discuss (GS II, 2020).
- Examine the legal provisions for electoral roll revision in India. Can the Election Commission override statutory mandates? (GS II, 2018).