Decoding the Election Commission of India Counter Affidavit on the Special Intensive Revision (SIR) in Bihar
Why in News?
The Election Commission of India (ECI) filed a detailed counter affidavit in the Supreme Court on July 22, 2024, defending the constitutionality of the ongoing Special Intensive Revision (SIR) exercise in Bihar. The move comes amid challenges questioning the legality of ECI’s requirement for voters to prove citizenship through documents. The 758-page affidavit responds to nearly 200 pages of petitions, including around 625 pages of annexures. 
Introduction
The SIR process in Bihar is being scrutinized due to concerns that it demands documentary proof of citizenship for inclusion in the electoral rolls. This has raised legal and logistical challenges, especially for poor and marginalized communities who may not possess such documents. The ECI, in its affidavit, clarified its position and attempted to address the constitutional concerns raised.
Key Issues and Institutional Concerns
1. Allegations of Citizenship Test via SIR
The affidavit clarifies that the requirement to submit documents is only part of the enumeration process and not a citizenship test. It adds that such requirements were introduced to ensure accuracy and prevent duplication or fraud, not to exclude any group unjustly.
2. No Mandatory Citizenship Proof Required
The ECI refutes claims that it is mandating proof of citizenship. Instead, it says the SIR is part of the standard electoral roll revision process and is grounded in Section 21 of the Representation of the People Act, 1950.
3. Challenges for Voter Enumeration in Bihar
Data shows a delay in receiving enumeration forms. Of the total 7.89 crore voters (as of June 28, 2024), only about 7.66 crore forms were received. Around 21.35 lakh forms (2.7%) were still pending. Many of these delays were attributed to logistical challenges and incorrect information.
4. Legal Tensions over Aadhaar and Ration Card
The ECI explained that Aadhaar and ration cards are not accepted as citizenship proof as they only show identity or residence, not nationality. The commission relies on other verified documents like birth certificates or educational certificates for verification.
5. Concerns Around NRC and Citizenship Amendment Act
The affidavit indirectly refers to earlier concerns regarding the NRC and the Citizenship Amendment Act (CAA), 2019, which had led to protests across the country. Though the NRC was shelved, opposition parties fear that the SIR might become a backdoor for similar exercises, affecting millions.
Conclusion
The ECI’s counter affidavit is a strong defense of the SIR, stating that its goal is electoral transparency, not exclusion. However, the affidavit has triggered debates on whether bureaucratic verification procedures might disenfranchise citizens, especially those without documentation. The upcoming verdict by the Supreme Court will be crucial in defining the future of voter verification processes in India.
Q&A Section
Q1. What is the Special Intensive Revision (SIR) in Bihar?
A: It is an electoral roll updating exercise where voters are required to submit updated forms, sometimes with documents, to ensure accuracy in voter rolls.
Q2. Why is the SIR controversial?
A: Critics argue it indirectly enforces a citizenship test by demanding documents, which could disenfranchise poor and marginalized communities who lack them.
Q3. What documents are not accepted by ECI for citizenship verification?
A: Aadhaar cards and ration cards are not accepted as proof of citizenship, as they do not confirm nationality.
Q4. How many enumeration forms are yet to be received in Bihar?
A: As of July 22, 2024, 21.35 lakh forms (around 2.7%) were still pending out of approximately 7.89 crore electors.
Q5. What is the ECI’s legal defense?
A: The ECI argues that the SIR is backed by the Representation of the People Act and does not mandate citizenship proof—only accurate data collection to prevent fraud and duplication.
