Electoral Rolls in Bihar: Gaps and Disenfranchisement

Electoral Rolls in Bihar: Hidden Gaps and Disenfranchisement

Syllabus:

GS Paper – 2

Judgements & Cases , Judiciary ,Representation of People’s Act ,Parliament

GS Paper – 3

IT & Computers , Cyber Security

Why in the News ?

The Election Commission of India (ECI) claimed that 98.2% documents for Bihar’s Special Intensive Revision (SIR) of electoral rolls were received. However, surveys reveal large numbers face exclusion since commonly held IDs like Aadhaar and ration cards are not accepted as proof of identity. This raises concerns of mass disenfranchisement, potentially affecting over two crore voters. Critics have argued that this could lead to a mass-scale exclusion of genuine electors from the voter lists.

Background of Bihar’s Special Intensive Revision (SIR)

• Objective: Update and verify Bihar’s draft electoral rolls before elections.
• Claim by ECI: 98.2% electors submitted documents, suggesting near-complete success.
• Ground Reality: Reports highlight that the numbers conceal exclusions and rejection of widely held documents.
• Critical issue: Eligibility linked to 2003 voters list or limited 11 admissible documents.
• Risk: Large-scale deletions without corresponding additions → shrinking electorate.

Document-Based Exclusion :

• ECI’s admissible list: Only 11 indicative documents (e.g., matriculation, domicile, caste certificate).
• Problem: Widely held documents like Aadhaar cards and ration cards excluded as proof of identity.
• Survey findings:

○ 59% submitted some document.

○ Only 18% submitted valid ones as per ECI list.

○ 41% relied on Aadhaar/ration cards, which are not recognized.

• Result: Even those who submitted forms face risk of deletion from Bihar electoral rolls.

Missing Voters Problem :

• Definition: Adults residing in Bihar but absent from previous rolls and draft list.
• Survey Data: Nearly 90 lakh people fall in this category.
• Breakdown:

○ One-third were previously on rolls.

○ One-sixth tried to enroll but failed.

○ Over half never enrolled.

• Outcome: Instead of expansion, SIR led to 65 lakh deletions with no net additions of eligible voters.

Caste and Community-Wise Disproportionate Impact :

• Dalits & Extremely Backward Castes (EBCs) most at risk.
• Survey shows: Proportion of those lacking valid documents higher among marginalized groups.
• Aadhaar penetration:

○ 97% have Aadhaar.

○ 99.5% have Aadhaar or ration card.

○ Yet neither ensures inclusion.

• Structural Inequality: Exclusion becomes socially discriminatory.

Shifting Criteria and Confusion :

• Original SIR Order: Only those listed in 2003 rolls exempt from document submission.
• June 30 Press Release: Extended exemption to children of 2003-listed voters.
• In Supreme Court: ECI expanded further to include any relative in 2003 list.
• Survey Evidence:

○ Only 48% had access to 2003 extract.

○ 6% eligible but unable to access extract.

○ Extension to “parents in 2003 list” → +17% eligibility.

• Problem: Frequent changes created confusion and uncertainty.

Procedural Flaws in Enumeration :

• Form Issues:

○ Only 49% reported complete form submission.

○ Majority either incomplete or unaware of submission status.

• Acknowledgement Receipts:

○ Mandated by Supreme Court, but less than 1% received receipts.

○ 9% had no proof of submission.

• Duplicate & SMS acknowledgements: led to further irregularities.
• Result: Weak accountability in verification process.

Judicial and Civil Society Interventions :

• Supreme Court Role: Directed mandatory receipt of submission to curb arbitrary deletions.
• Civil Society Surveys: Bharat Jodo Abhiyaan conducted field surveys across constituencies.

○ Sample: 1,439 adults, 494 households, 16 constituencies.

○ Representation: 42% women, 24% SC, 62% OBC, 13% General.

○ Confirmed widespread risk of disenfranchisement.

• Petitioners filed: Challenge against exclusionary practices ongoing.

Political and Democratic Implications :

• Mass Disenfranchisement: Risk of 2+ crore deletions in Bihar.
• Representation Crisis: Marginalized groups under-represented in voter rolls.
• Democratic Legitimacy: Electoral outcomes questioned if large segments excluded.
• Trust Deficit: EC’s credibility at stake due to opaque processes and inflated claims.
• Future Implication: If uncorrected, similar practices could affect other states’ rolls.

Challenges :

• Document-Linked Exclusion

○ Over-reliance on narrow set of 11 indicative documents.

○ Widespread Aadhaar usage ignored, leading to disenfranchisement.

• Procedural Irregularities

○ Poor form submission process and lack of acknowledgement receipts.

○ Frequent rule changes created confusion.

• Caste Inequality

○ Dalits and EBCs disproportionately excluded, worsening marginalization.

• Data Transparency Gap

○ ECI presents selective statistics (98.2% success).

○ Lacks disclosure of invalid/rejected documents count.

• Trust Deficit

○ Citizens’ confidence in EC declining.

○ Allegations of political manipulation through roll deflation.

• Judicial Dependency

○ Need for Supreme Court interventions reflects institutional weakness.

• Scale of Impact

○ Potential two crore deletions → one of the largest mass-scale exclusions globally.

Way Forward :

• Expand Valid Documents

○ Include Aadhaar cards, ration cards, and PAN as valid proof of identity.

○ Reduce over-reliance on outdated 2003 list.

• Transparent Verification

○ Publish data on valid/invalid submissions.

○ Ensure independent audits of electoral rolls.

• Simplify Procedures

○ Ensure receipt of submission mandatory with digital copies.

○ Accept self-declarations with Aadhaar linkage.

• Social Safeguards

○ Targeted support for Dalits, EBCs, women who face higher exclusion.

○ Deploy door-to-door enumerators.

• Strengthen EC Accountability

○ Parliamentary oversight on roll revisions.

○ Third-party monitoring by civil society/academics.

• Judicial Oversight

○ Supreme Court must enforce non-discriminatory principles.

○ Mandate inclusion of widely used IDs.

• Technology Integration

○ Use digital portals for submission & tracking.

○ SMS + online acknowledgment system mandatory.

Conclusion :

Bihar’s SIR exercise exposes the risks of exclusionary voter verification, where millions may lose franchise due to restrictive document criteria. Unless the EC adopts inclusive practices and transparency, democracy risks being undermined by systematic disenfranchisement of marginalized groups. Electoral integrity must prioritize inclusion alongside accuracy to ensure a fair and representative final electoral roll.

The exercise has been contended by critics like Yogendra Yadav, who argued that it could lead to a mass-scale exclusion of genuine electors. The Chief Electoral Officer and Electoral Registration Officers must address concerns raised about the enumeration form, qualifying date, and claims and objections process. Booth Level Agents and Booth-wise lists should be utilized to ensure error-free electoral rolls.

Public notices in vernacular newspapers and mandatory hearings for deletions could help mitigate issues of non-reporting of deaths and frequent migration. The ECI officials must also consider challenges posed by rapid urbanization and the presence of absentee voters. A speaking order for rejections and provisions for persons with disabilities would enhance the process’s fairness.

As the September 1 cut-off date approaches for the Bihar Assembly elections, addressing these concerns is crucial to prevent the disenfranchisement of poor voters and ensure the inclusion of all eligible citizens in the democratic process.

Source : IE

Mains Practice Question :

“Critically examine the implications of document-based verification in electoral roll revisions. Using Bihar’s Special Intensive Revision as a case, discuss how restrictive criteria can cause disenfranchisement of marginalized groups. Suggest reforms to ensure electoral integrity while safeguarding universal adult franchise.”