A correct and up-to-date electoral roll is sine qua non for a free and fair election in a democracy. However, given the size, diversity, and geographical dispersion of population in India, we must also accept that a perfect, 100 percent correct electoral roll is an impossibility. Nonetheless, this cannot and should not detract us from continually ‘cleaning’ the electoral roll.

Viewed in this context, the Election Commission of India’s special intensive revision (SIR) of the Bihar electoral roll, announced on June 24, cannot be faulted. However, life is hardly ever so simple. The three documents issued by the ECI that day raise a number of questions, creating confusion. Some of these questions are legal, and some procedural and practical.

One of the major legal issues is the ‘disenfranchisement’ of all those citizens who were registered as voters by the ECI itself, following the laid down legal procedure, since January 1, 2003. There are two parts to this.

First, in their June 24 order, ECI says that for those on the electoral roll as on January 1, 2003, there is “probative evidence of eligibility, including presumption of citizenship”. This implies that this “presumption of citizenship” is not there for those registered as voters after January 1, 2003. This is grossly unfair because it amounts to depriving these people of their rights as citizens.

It is correct that Article 326 of the Constitution says that only citizens of India can vote in elections. But this Article is not the only stipulation on this matter. Section 19 of the Representation of the People Act, 1950 titled ‘Conditions for registration’ states, “Every person who (a) is not less than 18 years of age on the qualifying date, and (b) is ordinarily resident in a constituency, shall be entitled to be registered in the electoral roll for that constituency.”

Form 6 of the Registration of Electors Rules, 1960 also requires only a self-certification by the applicant that s/he is a citizen of India for registration as a voter. The irony is that a person in any state other than Bihar can get registered as a voter with a self-certification about citizenship today, whereas a person in Bihar has to provide one of 11 documents!