Burden of proof
Also called: Onus of proof · Topic: Elections and the Electoral System · NCERT: Beyond NCERT
Meaning
Burden of proof (also called onus of proof) means the duty to prove a fact. Usually the person who makes a claim, or who accuses someone, has to prove it. A law can shift this duty onto the other side. This matters because whoever carries the burden loses if they cannot produce proof. In electoral rolls, the Supreme Court held in Lal Babu Hussein (1995) that a new applicant must prove eligibility. A voter already on the roll is presumed valid and cannot be removed without notice and a fair hearing.
Example
In ADR v. ECI (May 2026), the Supreme Court upheld the Special Intensive Revision (a fresh, house-to-house rebuilding of the voters' list). It held that a name already on the roll carries a presumption of citizenship. Only a proper inquiry can overturn that presumption. The ECI cannot decide doubtful cases itself. It must send them to the authority under the Citizenship Act, 1955. Under Section 16 of the Immigration and Foreigners Act, 2025, the burden runs the other way. A person whose status is questioned must prove they are not a foreigner.
Don't confuse with
- Presumption: a rule that treats a fact as true until someone disproves it. It decides who carries the burden of proof. It is not the burden itself.
- Standard of proof: how much evidence is needed to win, for example "beyond reasonable doubt". Burden of proof is about who has to provide that evidence.