Electoral rolls: registration, revision and the Special Intensive Revision

Detail

1. The legal base: Representation of the People Act 1950

• The Representation of the People Act 1950 (RPA 1950) is the law that covers four things:
• how seats are given to states;
• delimitation (drawing the boundaries of constituencies);
• who can be a voter;

• electoral rolls.

• Its partner law, the RPA 1951, covers how elections are actually held. Do not mix up the two.

• Constitutional anchors:
• Article 324: the Election Commission of India (ECI) supervises and controls the preparation of rolls.
• Article 325: there is one general roll for each constituency. Nobody can be kept off it only because of religion, race, caste or sex.

• Article 326: elections are held on adult suffrage (every citizen aged 18 or over can vote unless a law disqualifies them) [2].

• Electoral roll: the official list of voters for each constituency, arranged polling station by polling station.

• Only people on the roll can vote. Registration comes first, voting comes later.
• Each person can have only one entry, in only one constituency (ss.17-18).

2. Who can enrol

A person can enrol only if all four conditions below are met.

Condition	Rule
Citizen	Must be a citizen of India
Age	Must be 18 on a qualifying date
Residence	Must be ordinarily resident in the constituency
Not disqualified	Must not be barred under s.16

• Disqualification under s.16. A person cannot be on the roll if they:
• are not a citizen;
• are of unsound mind and a competent court has declared so; or

• are barred by a law on corrupt practices or election offences.

• s.16 makes citizenship a "condition precedent". This means citizenship must be shown before a name can go on the roll [2].

• Qualifying date: the date by which a person must turn 18 to be enrolled in that cycle.
• Before 2021: there was only one qualifying date, 1 January. A person who turned 18 on 2 January had to wait almost a year to enrol [4].
• Election Laws (Amendment) Act 2021: this amended s.14 of the RPA 1950. There are now four qualifying dates a year: 1 January, 1 April, 1 July and 1 October [4][5].

• The Bill was introduced and passed in the Lok Sabha on 20 December 2021, and passed by the Rajya Sabha on 21 December 2021 [4].

• Other changes made by the 2021 Act [4]:

• EROs may ask for an Aadhaar number to confirm identity or to check entries. A person who cannot give it for "sufficient cause" may give other documents instead.

• The word "wife" was replaced by "spouse" in the rules for service voters. This makes the rule gender-neutral.

• Ordinary residence (ss.19-20): a person must normally live in the constituency.

• A short absence from home does not end ordinary residence.

• Owning a house or property there is not enough by itself.

• Service voters: members of the armed forces and some government staff posted away from home. Special residence rules apply to them.

• Overseas elector (s.20A, inserted in 2010): an Indian citizen who lives abroad and holds no foreign citizenship.
• They enrol at the address on their passport.
• They must vote in person at the polling station.

3. The registration machinery

• Officers:
• Chief Electoral Officer (CEO) (s.13A): the state-level officer.
• Electoral Registration Officer (ERO) (s.13B): usually of SDM (Sub-Divisional Magistrate) rank. The ERO prepares the roll and decides claims and objections. An Assistant ERO (AERO) helps.

• s.13CC: officers who prepare rolls are treated as on deputation to the ECI. This means they work under the ECI's control and discipline during this work.

• Booth Level Officer (BLO): a local government worker, often a teacher or anganwadi worker, who checks voters door to door.

• Booth Level Agent (BLA): a person named by a political party for each booth. BLAs watch the BLO's work and can raise objections.
• Forms:

Form	Purpose
Form 6	Add a new name (inclusion)
Form 7	Object to a name, or delete one (death, shifting, duplicate)
Form 8	Correct an entry, or shift it to a new address

• Registration of Electors Rules 1960:

• Rule 21A: a name cannot be deleted without notice and a chance to be heard.

• Appeals under s.24 read with Rule 27 [2]:

• Step 1: the ERO decides the claim or objection.
• Step 2 (first appeal): to the District Magistrate, under s.24(a).
• Step 3 (second appeal): to the Chief Electoral Officer, within 30 days, under s.24(b).

4. Types of revision

Type	Legal basis	How it works
Summary revision	s.21(2)	Done every year. A draft roll is published, claims and objections are heard, then the final roll is published. Households are not re-counted.
Special (intensive) revision	s.21(3)	Can be ordered "at any time", for any constituency or part of one, "for reasons to be recorded", and "in such manner as it may think fit". The old roll stays valid until the new one is final [2].
Continuous updation	Rules and ECI instructions	Names can be added all year. Applications received up to 10 days before the last date of nominations are dealt with for that election [5].

• Where s.21(3) came from: it was inserted by the 1956 amendment to the RPA 1950. It begins with a non-obstante clause ("notwithstanding anything contained in sub-section (2)"), so the ordinary rules of summary revision do not limit it [2].
• Electors Photo Identity Card (EPIC): the voter ID card.
• It was introduced from 1993, under CEC T.N. Seshan, to stop impersonation (someone voting in another person's name).
• The EPIC is the main identity proof at the booth. A voter can also show any one of 12 other documents [5]:
  • Aadhaar card
  • MGNREGA job card
  • bank or post office passbook with photo
  • Labour Ministry health insurance smart card or Ayushman Bharat card
  • driving licence
  • PAN card
  • NPR smart card
  • Indian passport
  • pension document with photo
  • service identity card issued by government, PSUs or public limited companies
  • official identity card of MPs, MLAs or MLCs
  • UDID (Unique Disability ID) card

• NCERT's case study of Ishani shows a voter whose name is on the roll voting with one of these other documents.

• Duplicate EPIC numbers: different voters holding the same card number became an issue in 2025 (verify).

5. The Special Intensive Revision (SIR): what it is

• Special Intensive Revision (SIR): a fresh house-to-house count of voters (re-enumeration). It has two aims:
• add eligible voters, such as new 18-year-olds;

• remove entries for people who are dead, have shifted, are listed twice, or cannot be found at all.

• Claims and objections are heard before the final roll is published.

• Why it is different from summary revision: in an SIR, every voter must fill a form again, and some voters must also give documents. In a summary revision, voters do not need to do anything.

6. Bihar SIR, 2025 (Phase I)

• The order: the ECI ordered it on 24 June 2025 under Article 324 read with s.21(3) [2].
• Reasons given in the order [2]:
• Bihar's last intensive revision was in 2003.
• Since then, rapid urban growth and large-scale migration had changed the rolls.

• Bihar Assembly elections were due in late 2025.

• How it worked:

• 2003 roll as base: the 2003 roll (qualifying date 1 January 2003) was treated as proof of eligibility unless rebutted (Clause 11 of the order) [2].
• Others had to give documents: a person not on the 2003 roll had to give one of 11 listed documents (Clause 12) [2].
• Enumeration Form: BLOs gave each voter a pre-filled Enumeration Form (a form already printed with the voter's details), which had to be returned by 25 July 2025. Anyone who did not return it was left out of the draft roll [2].
• Doubtful cases: the ERO or AERO issued a show-cause notice. The voter could reply. The officer then passed a reasoned order [2].

The numbers

Stage	Date	Electors
Roll before SIR	24 June 2025	7.89 crore
Draft roll	1 August 2025	7.24 crore (about 65 lakh excluded)
Final roll	30 September 2025	7.42 crore

• Who was excluded at the draft stage (about 65 lakh):
• about 22 lakh recorded as dead;
• about 36 lakh permanently shifted or not found;

• about 7 lakh enrolled in more than one place [2].

• Draft to final roll: 21.53 lakh names were added and 3.66 lakh more were deleted. That gave the final roll of 7.42 crore [2].

• Before the polls: the PIB reported that zero appeals were filed. 7,45,26,858 electors were eligible to vote in the two-phase Assembly election [6].

7. The Supreme Court: interim orders (2025)

Bench: Justice Surya Kant and Justice Joymalya Bagchi [3].

• 10 July 2025: the Court framed three questions:
• Did the ECI have the power to order the SIR?
• Was the method fair, including how citizenship was checked?
• Was the timing right, with elections due in November 2025?

It also asked the ECI to consider accepting Aadhaar, EPIC and ration cards [2].

• 14 August 2025: the ECI had to publish the list of about 65 lakh excluded names, with reasons, through newspapers, TV and radio. Those excluded could file claims with a copy of their Aadhaar [2].
• 22 August 2025: 12 political parties (6 national, 6 state) were made parties to the case. They were told to have their BLAs help voters file forms [2].
• 1 September 2025: the ECI told the Court that claims could still be filed after the deadline, up to the last date of nominations. District Legal Services Authorities were told to provide para-legal volunteers to help voters [2].
• 8 September 2025: Aadhaar became the 12th document [3]:
• It is not proof of citizenship under the Aadhaar Act 2016.
• It is valid proof of identity under s.23(4) of the RPA 1950.
• Officials may still check whether an Aadhaar card is genuine.

8. Final judgment: ADR v. ECI (27 May 2026, 2026 INSC 564)

• Bench: CJI Surya Kant and Justice Joymalya Bagchi. Case: W.P.(C) 640 of 2025, heard with related petitions [2].
• Where the power comes from: the SIR is "traceable to Section 21(3) of the RP Act read with Article 324". It does not conflict with the RPA 1950 or the 1960 Rules [2].
• Proportionality: a test of whether a government step is fair in relation to its aim. The Court found that the SIR:
• had a legitimate aim (accurate, complete and clean rolls);
• had a rational link to that aim;
• was not excessive;

• had enough safeguards [2].

• Presumption from being on the roll: being on the roll is presumed to be valid. But this can be rebutted (disproved with evidence) [2].

• Lal Babu Hussein v. ERO (1995) said a name already on the roll cannot be removed without notice and a hearing.

• The Court held that this rule applies to adjudicatory proceedings (one-off cases decided like a court case). It does not stop a systemic, inquisitorial revision of the whole roll [2].

• Rule 21A: the Court held that notice and hearing were kept "in substance" [2].

• Documents:
• The ECI may choose documents based on how much they prove [2].
• EPIC was rightly excluded: it is issued because a name is on the roll, so it cannot prove that the entry is correct.

• Ration cards were rightly excluded: they are not reliable proof.

• Citizenship inquiry:

• What the ECI may do: because of Articles 325 and 326 and s.16, the ECI may make a limited, electoral-purpose inquiry into citizenship. Its finding is only a first-look (prima facie) view [2].
• What it does not do: this is not a ruling on whether someone is a citizen. It affects only whether the person is on the roll [2].
• Doubtful cases go to the Centre: the ECI must refer them to the competent authority under the Citizenship Act 1955. Any deletion on this ground is subject to that authority's decision [2].

• Section 9(2) of the Citizenship Act deals only with loss of citizenship on taking up a foreign one. It does not bar the ECI's inquiry [2].

• Specific directions [2]:

• Bihar deletions made on citizenship grounds must be referred within 4 weeks.
• The competent authority should decide them, after notice and hearing, preferably before the next Parliamentary, Assembly or local body election, whichever is earlier.
• If a person is found to be a citizen, they must be put back on the roll.
• People wrongly deleted as dead, shifted, absent or duplicate may seek judicial review (asking a court to check whether the decision was lawful).

9. SIR goes nationwide

• Phase II [7]:
• 9 states: Chhattisgarh, Goa, Gujarat, Kerala, Madhya Pradesh, Rajasthan, Tamil Nadu, Uttar Pradesh and West Bengal.
• 3 UTs: Andaman and Nicobar Islands, Lakshadweep and Puducherry.
• Size: about 51 crore electors, 321 districts and 1,843 Assembly constituencies.

• Timeline: it ran from October 2025 to April 2026. Final rolls were first planned for 7 February 2026 [7]. In some states and UTs the schedule was later pushed back [8]. Final rolls were published on 10-28 February 2026 in the Tamil Nadu, Puducherry and West Bengal constituencies holding bye-elections [5].

• Phase III (verify current):

• It covers the remaining 16 states and 3 UTs, including Delhi [8].

• Delhi has about 1.48 crore electors, 13,026 BLOs and 28,881 BLAs. House-to-house visits ran from 30 June to 29 July 2026, and the final roll is due on 7 October 2026 [8].

• NCERT's exercise question asks students to explain what the SIR is for.

Prelims Hooks

• Four qualifying dates (1 January, 1 April, 1 July, 1 October) came from the Election Laws (Amendment) Act 2021, which amended s.14 of the RPA 1950, not the RPA 1951.
• s.21(2) = annual summary revision. s.21(3) = special revision "at any time", for recorded reasons. s.21(3) was inserted in 1956.
• Article 325 = one general roll per constituency, with no exclusion on grounds of religion, race, caste or sex. Article 326 = adult suffrage.
• s.20A (2010) = overseas electors. They enrol at their passport address and must vote in person, not by post.
• Appeal chain: ERO → District Magistrate (s.24(a)) → Chief Electoral Officer, within 30 days (s.24(b)).
• Aadhaar = proof of identity (s.23(4) RPA 1950; 12th document in the Bihar SIR, SC order of 8 September 2025). It is not proof of citizenship.
• Trap: the EPIC was not an accepted document in the SIR, because it comes from the roll itself.
• Lal Babu Hussein (1995) = being on the roll is a presumption of validity, but it can be rebutted. ADR v. ECI (2026) limited it to adjudicatory proceedings.
• Bihar SIR: 7.89 crore (24 June 2025) → 7.24 crore draft (1 August 2025) → 7.42 crore final (30 September 2025).
• EPIC was introduced from 1993 under T.N. Seshan, to stop impersonation.

Mains Points

• Accurate rolls vs. leaving people out:
• For the SIR: after 22 years of only summary revisions, Bihar's rolls held lakhs of dead, shifted or duplicate names. Clean rolls protect "one person, one vote".
• Against the SIR: making voters show documents shifts the burden of proof onto them. Poor people, migrants and women are less likely to hold these papers.

• What the Court did: it balanced the two through the proportionality test and safeguards: published lists with reasons, Aadhaar as a document, BLAs and legal-aid volunteers, and two levels of appeal.

• Who decides citizenship:

• ADR v. ECI (2026) allows only a limited, electoral-purpose inquiry by the ECI.
• The final decision stays with the competent authority under the Citizenship Act 1955, within a set time.

• This protects the ECI's powers under Article 324 and also the rule of law under Article 21.

• Institutional capacity:

• Re-counting every household through BLOs who already have other government jobs raises questions about quality and timing, especially close to elections.

• Possible reforms:

  • regular intensive revisions instead of one every two decades;
  • use of all four qualifying dates for continuous enrolment;
  • clear time limits for citizenship references;
  • fixing duplicate EPIC numbers.

• Federal and political angle: the SIR was rolled out across many states and Union Territories in phases. This shows the ECI's central control over rolls (Article 324). It also shows the need for trust from all parties, which is why the Court ordered party BLAs to be involved.