The Supreme Court has directed the Election Commission (EC) to consider Aadhaar cards, voter ID cards, and ration cards as acceptable documents for the Special Intensive Revision (SIR) of electoral rolls in Bihar. This decision highlights the significance of the 'right to vote' as a foundational aspect of India's democratic system.

• Universal Adult Suffrage (Art. 326):
  • Right to vote for all citizens ≥18 years (61st Amendment, 1989).
  • Contrast: India adopted immediately in compare to gradualism in Western democracies.
• Key Legislations:
  • RPA, 1950: Electoral roll preparation.
  • RPA, 1951: Election conduct & offenses.
• Judicial Interpretation:
  • Kuldip Nayar v. UoI (2006): "Right to elect" = statutory right (not fundamental).
  • Anoop Baranwal v. UoI (2023): Minority view (Justice Rastogi) - Right to vote linked to Art. 19(1)(a) (expression) & Art. 21 (life).

II. Key Challenges

1. Electoral Roll Integrity:
   • "One Person, One Vote" Principle: Threatened by:
     • Omissions/duplicate entries
     • Ineligible inclusions (non-residents, foreigners)
   • SC Stance: Focus on systemic errors affecting outcomes, not minor flaws.
2. Residency Criteria:
   • "Ordinary Resident" (Sec 19(b), RPA 1950): Genuine & continuous presence (e.g., Manmohan Singh case).
3. Special Voter Categories:
   • Service Voters: Postal ballots (Rule 18, Conduct of Election Rules).
   • Overseas Electors: Must vote in person (Sec 20A, RPA 1950).

III. Recent Developments & SC Directives (2024)

• Bihar SIR (Special Intensive Revision):
  • SC Order: Accept Aadhaar/Voter ID/Ration cards as valid documents for roll revision.
  • Significance: Enhances voter inclusion; addresses documentation barriers.
• Citizenship Verification:
  • Lal Babu Hussein v. ERO (1995): Due process & natural justice mandatory for roll disputes.
• EC’s Role (Art. 324):
  • Prepares/maintains rolls; ensures fairness.
  • Political Parties: Expected to aid voter enrollment (no formal authority).