RJD MP Moves Supreme Court Against Bihar Electoral Roll Revision, Asks Why Aadhaar Card Not Accepted By ECI
RJD MP Manoj Jha has filed a writ petition within the Supreme Court docket difficult the Election Fee of India’s choice to carry a “Particular Intensive Revision” of electoral rolls in Bihar, contending that the method is “not solely hasty and ill-timed, however has the impact of disenfranchising crores of voters, thereby robbing them of their constitutional proper to vote.”
In keeping with Jha, the choice, which has been taken with none session with the political events, is “getting used to justify aggressive and opaque revisions of electoral rolls that disproportionately goal Muslim, Dalit and poor migrant communities, as such, they don’t seem to be random patterns however are engineered exclusions.”
He factors out that as per the settled legislation, the burden of proving citizenship of an individual lies with the State and never the particular person involved. After the initiation of the current SIR course of, an awesome majority (about 4.74 crore out of seven.9 crore on the present Electoral Roll) carry a disproportionately excessive burden of proving their citizenship with the assistance of proofs of date and hometown.
He questions the knowledge of endeavor this course of in a State having giant variety of migrant staff and illiterate individuals beset by poverty, when the meeting elections are only a few months away. The 11 paperwork that are specified by the ECI to ascertain citizenship aren’t the sort of paperwork which poor and illiterate individuals would possibly possess. The ECI additionally doesn’t settle for Aadhaar card, MNREGA job playing cards or ration playing cards, he underscores.
“The specific exclusion of Aadhar that has most protection in Bihar with information exhibiting that 9 out of 10 individuals in Bihar have an Aadhar is manifestly arbitrary,” the petitioner states. The petition additionally cited a report of The Indian Express titled “In Village after village in Bihar, a refrain: ‘We solely have Aadhaar…how will we thpapers EC asking for?’.
Reference was additionally made to The Hindu report “‘Voter verification drive in Bihar: too little time, too many hurdles’
He highlights the problems with the paperwork specified by the ECI as follows.
1. Any Id card/ Pension Fee Order issued to common worker/ pensioner of any Central Govt./ State Govt./ PSU
As per the 2022 caste census, solely 20.49 lakh individuals of Bihar have authorities jobs. Fewer than half of them will probably be from the 18-40 age group (who’ve to provide the paperwork since they weren’t included within the 2003 rolls).
2. Any Id Card/Certificates/Doc issued in India by Authorities/ native authorities/Banks/Publish Workplace/LIC/PSUs previous to 01.07.1987.
A small quantity of inhabitants is required to offer this doc. This doc shouldn’t be relevant for the latter two classes of inhabitants (born earlier than July 1, 1987 and born between July 1, 1987, and December 2, 2004)
3. Beginning Certificates issued by the competent authority.
Negligible inhabitants possesses these paperwork. Regardless that Bihar’s beginning registration price has progressively elevated, however even in 2007— these born on this yr will probably be 18 years ofnage and eligible to vote in 2025 — solely 7.13 lakh births had been registered. This was one-fourth of the estimated births in Bihar that yr.
4. Passport
Round 2.4% of Bihar’s inhabitants possesses a passport.
5. Matriculation/ Academic certificates issued by recognised Boards/ universities
This doc turns into the primary identification proof because the Nationwide Household Well being Survey and Nationwide Household Well being Survey present that round 45-50% of 18-40- year-olds are matriculated. As per Bihar Caste Survey 2022, 14.71% of the state have graduated from Class 10.
6. Everlasting Residence certificates issued by competent State authority
Negligible inhabitants of the eligible voters have this certificates. Often college students apply for domicile certificates for functions to schools.
7. Forest Proper Certificates
The share of Scheduled Tribes (ST) in Bihar is 1.3%, in accordance with the 2011 Census. Of them, these dwelling in forests kind a a lot decrease share.
8. OBC/SC/ST or any caste certificates issued by the Competent authority
India Human Growth Survey 2011-12 recorded that round 20% of SCs, 18% of OBCs, and 38% STs had a caste certificates. Contemplating that just about no higher castes possess caste certificates, round 16% of Biharis possessed a caste certificates in 2011-12 when this survey was performed.
9. Nationwide Register of Residents (wherever it exists)
That is relevant solely to Assam.
10. Household Register, ready by State/ Native authorities.
That is additionally not relevant to Bihar.
11. Any land/home allotment certificates by Authorities
There isn’t any information accessible on land allotment certificates. Home allotment certificates appear relevant to authorities staff availing authorities housing.
No such certificates is given to beneficiaries of schemes such because the Pradhan Mantri Gram Awas Yojana.
Jha states that the listing of paperwork accepted for the 2024 Normal Elections included Aadhaar card, PAN card, driving licensse, move e-book from nationalised banks, registered lease/lease/sale deed, fuel/water/electrical energy connection payments and so on. He questions why these paperwork are actually excluded.
The MP, who belongs to the biggest opposition social gathering in Bihar, additionally contends that the quick deadlines make the entire course of unreasonable and unworkable.
The method is challenged as violating the mandate laid down by the Supreme Court docket in Lal Babu Hussein v. Electoral Registration Officer, (1995) 3 SCC 100 as per which deletion from the electoral rolls should solely be by a good and cheap process.
“The Impugned order is discriminatory, unreasonable and manifestly arbitrary and violates Article 14, 21 325, 326. The impugned Order dated 24-06-2025 and is a device of institutionalized disenfranchisement,” the petitioner argued.
Petitions have additionally been filed by the Association for Democratic Reforms, PUCL, activist Yogendra Yadav and Lok Sabha MP Mahua Moitra difficult the ECI choice.
