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Article 326 and Bihar Electoral Roll Revision Explained

Article 326 and Bihar Electoral Roll Revision Explained

The Election Commission of India recently initiated a Special Intensive Revision (SIR) of electoral rolls in Bihar ahead of the state elections in 2025. This move has stirred controversy with opposition parties and activists alleging potential disenfranchisement of certain communities and new voters. The Commission cited Article 326 of the Constitution of India as the legal basis for this exercise. About Article 326 and the electoral roll revision process is crucial for grasping the ongoing debate.

What Is Article 326?

Article 326 guarantees the right to vote in elections to the Lok Sabha and state legislative assemblies. It establishes universal adult suffrage, allowing every Indian citizen aged 18 and above to vote, subject to disqualifications like unsound mind, criminal conviction, or corrupt practices. The article mandates elections on the basis of adult suffrage, ensuring inclusivity in the democratic process.

Why Did the Election Commission Invoke Article 326?

The Election Commission launched the Special Intensive Revision in Bihar to update and cleanse the electoral rolls. The last major revision in Bihar was in 2003. The current revision aims to remove duplicate and ineligible entries and to accurately reflect demographic changes. The Commission argues that this exercise is essential to maintain the integrity and reliability of voter lists, a constitutional obligation under Article 326.

Key Features of the Revision Exercise

The revision requires eligible voters to submit applications along with documentary proof of citizenship. However, the process excludes widely used identity documents like Aadhaar and ration cards. Instead, it demands proof of identity of both parents for new voters. The timeline for submission is short, creating urgency for citizens to comply.

Reasons Behind Opposition and Legal Challenges

Critics argue that the revision process is exclusionary and burdensome. The requirement to provide parental identity proof is seen as impractical in a state with high poverty and migration rates. Many fear that this could lead to large-scale disenfranchisement, violating democratic principles and the fundamental right to vote. Petitions have been filed in the Supreme Court challenging the exercise on grounds of fairness, transparency, and inclusiveness.

Constitutional and Democratic Implications

The controversy marks tensions between electoral integrity and voter accessibility. While Article 326 empowers the Election Commission to revise rolls, the exercise must balance accuracy with inclusivity. The legal scrutiny by the Supreme Court will examine whether the current process respects the constitutional right to vote and democratic equality.

Impact on Bihar’s Electoral Landscape

Given Bihar’s socio-economic diversity and migration patterns, the revision could affect voter participation. The outcome will influence electoral politics and governance in the state. The exercise puts stress on the challenges in maintaining updated voter lists in large, diverse democracies like India.

Questions for UPSC:

  1. Critically discuss the role of Article 326 in ensuring universal adult suffrage in India and its implications for electoral reforms.
  2. Examine the challenges of maintaining accurate electoral rolls in India. How do these challenges affect democratic participation, especially in states with high migration?
  3. Discuss in the light of recent electoral roll revisions how the balance between electoral integrity and voter accessibility can be maintained in a democracy.
  4. With suitable examples, analyse the impact of legal interventions by the Supreme Court on election management and voter rights in India.

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