SC to ECI: Take into account Aadhaar, Voter ID, and Ration Cards for Bihar Electoral Roll Update

According to the ECI, individuals not listed in the 2003 Bihar electoral rolls (when the election commission claims it conducted its last Special Intensive Revision) must provide one of 11 documents to verify their date and/or place of birth.

Additionally, individuals born after July 1, 1987, are also required to provide their parents’ birth certificates – similar to citizenship documentation.

The document list does not contain Aadhaar, PAN, or old voter ID.

The Election Commission gets its authority from Article 324 of the Constitution and conducts the updating of electoral rolls as per Section 21 of the Representation of the People Act (RPA), 1950.

Who Is Considered an “Ordinary Resident”?

Voting eligibility is based on the idea of "ordinary residence," which is outlined in Section 19 of the RPA, 1950. A person is eligible if they;

Maintain an authentic and consistent presence in the community.

Are not present solely on a short-term basis (e.g., students residing in hostels may not be eligible).

Plan to remain or come back frequently to the place.

India’s Dedication to Universal Adult Franchise

Post-independence, India implemented universal adult voting rights for all citizens, irrespective of gender, caste, religion, education, or property ownership.

Article 326 of the Constitution assures that all citizens aged 18 and over have voting rights, as established by the 61st Constitutional Amendment in 1989.

Condition of the Voting Rights in India:

In Kuldip Nayar v. Union of India (2006), the Supreme Court determined that the ‘right to elect’ is a statutory entitlement as per Section 62 of the RPA, 1951, rather than a fundamental or constitutional right.

In Anoop Baranwal v. Union of India (2023), the Supreme Court refused to revisit the established stance.

Why is the Accuracy of the Electoral Roll Important?

Current and precise voter lists are essential for free and fair elections, upholding the idea of “one individual, one vote.” Errors in the rolls may result in;

Exclusion of qualified voters,

Involving non-qualified persons, facilitating identity misrepresentation or weakening of authentic votes,

Alteration of election results, diminishing public confidence.

Protections Against Unjust Removal:

Lal Babu Hussein v. Electoral Registration Officer (1995): The SC annulled the ECI guidelines from 1992 and 1994 that permitted District Collectors and Electoral Registration Officers (EROs) to remove names from voter lists solely on the basis of suspicion of foreign nationality.

Sorry, it seems you've provided only "Md." without additional context or text to paraphrase. Could you please provide the full text you'd like me to paraphrase? Rahim Ali v. State of Assam (2024): The SC reaffirmed that mere suspicion is inadequate for removing a name from the voter list.

Specific Regulations for Voters Not Present

India offers different voting options for individuals who cannot vote in person.

Postal ballots as per Rule 18 of the Conduct of Election Rules, 1961 – designated for armed forces, government employees on duty, and election personnel.

Voters residing abroad are able to register according to Section 20A of the RPA, 1950, but are required to vote in person.

Initiatives to establish proxy or online voting for citizens abroad are in progress but have not been realized yet.

Observations

The legitimacy of voter rolls is fundamental to India’s electoral democracy. While the right to vote may be defined by law, it holds the ethical and democratic significance of a basic right.

The effectiveness of electoral reforms will rely on India's ability to harmonize integrity with inclusion — the two essential pillars of a robust electoral system.