Context

The Supreme Court of India has recently raised serious concerns over the Special Intensive Revision (SIR) of electoral rolls being conducted in Bihar. While the Election Commission of India (ECI) portrays this as a routine update, the methodology and implications suggest a deeper issue that threatens the integrity of India’s democratic system.

Key Concern: From Inclusion to Exclusion

Break from Democratic Tradition

India’s electoral system has historically followed a presumption of inclusion—citizens were considered eligible voters unless proven otherwise.

However, the Bihar SIR marks a reversal, requiring fresh documentary proof of citizenship such as:

• Birth certificates
• Passports

These documents must be submitted within just one month, or individuals risk being removed from the electoral rolls.

Shift in Administrative Philosophy

• The stated aim is to improve accuracy, but the underlying shift is ideological—moving from facilitating voting to restricting it through bureaucratic hurdles.
• For marginalised groups—the poor, illiterate, remote, or disaster-affected populations—producing these documents is nearly impossible.
• Common documents like Aadhaar cards and ration cards, widely held by the poor, are not accepted.
• In Bihar alone, over 6.5 million people could be disenfranchised.

A Violation of Constitutional Principles

Founding Vision

• India’s commitment to universal adult suffrage, regardless of caste, gender, literacy, or wealth, was a landmark moral and political decision.
• Despite significant logistical challenges, the first elections in India were designed to be inclusive under the leadership of Sukumar Sen, the first Chief Election Commissioner.

Contemporary Deviation

• Under the leadership of the current Chief Election Commissioner, Gyanesh Kumar, the ECI appears to have abandoned this inclusive legacy.
• By mandating hard-to-obtain documentation, the voting process is no longer a guaranteed right, but a privilege contingent on bureaucratic proof.

Historical Parallels: Bureaucracy as a Tool of Suppression

The current developments draw comparisons with:

• The Jim Crow era in the U.S., where African-Americans were disenfranchised through literacy tests and poll taxes.
• Though legal on paper, such systems were designed to suppress marginalised communities.

Judicial Precedents Ignored

• Supreme Court rulings like:
• Rahim Ali vs. State of Assam (2024)
• Lal Babu Hussein vs. Electoral Registration Officer (1995)
  clearly oppose arbitrary disenfranchisement.
• Yet, current practices often ignore the spirit of these judgments, prioritising technical compliance over constitutional morality.

Wider Implications: A Slow-Moving Constitutional Crisis

What is occurring is not just administrative negligence, but what could be termed a “quiet emergency”:

• There is no open suspension of democracy, but millions are silently excluded.
• The state is weaponising documentation and deadlines, making the right to vote conditional on navigating complex systems.

This gradual erosion of democratic rights requires immediate and broad-based resistance—by the judiciary, civil society, and citizens.

Judicial Role: Time for Assertive Action

• The Supreme Court’s questioning of the ECI is a positive step.
• However, in the face of such a systemic threat, passive nudges are inadequate.
• The judiciary must now intervene decisively to uphold the constitutional guarantee of universal suffrage.

The Broader Picture: Reclaiming the Republic

Historian Ornit Shani reminds us that India’s adoption of universal franchise was not a mere administrative act, but a moral and political milestone.

Voting as a Right, Not a Privilege

• Voting must not become a license issued by bureaucrats, but a symbol of citizenship.
• The shift from presumed inclusion to presumptive exclusion challenges the very idea of democratic belonging.

Marginalised Communities at Risk

• In a deeply unequal society, voting is often the only form of empowerment for marginalised groups.
• If the right to vote is tied to documents they don’t possess, it becomes an exclusive privilege of the urban, educated, and well-documented elite.

Conclusion: A Fight for Democratic Survival

This issue is not just about updating voter rolls—it is a struggle over power:

• Who holds it
• Who gets to claim it
• Who gets shut out

If these exclusionary practices go unchecked, India risks becoming a democracy in form, not in substance.

Call to Action

• The ECI must be reminded of its constitutional responsibility: to enable, not obstruct, electoral participation.
• The Supreme Court must act boldly, and
• Citizens must reclaim their right to vote as an unquestionable birthright, not a privilege granted through paperwork.