Q: What is the SIR being implemented by the Election Commission in Bihar ahead of Assembly polls? What does it entail?
A: Rule 25 (2) of the Registration of Electors Rules, 1960, under the Representation of the People Act, 1950, says: “Where the roll or any part thereof is to be revised intensively in any year, it shall be prepared afresh and rules 4 to 23 shall apply in relation to such revision as they apply in relation to the fi rst preparation of a roll.” Special intensive revision (SIR) entails the submission of pre-fi lled enumeration forms by Bihar’s electors, along with any of the 12 documents specifi ed for establishing “date of birth and/ or place of birth”.
Q: Who does it intend to weed out and why? What was the requirement for it?
A: In its order for an SIR on June 24, the EC said: “…During the last 20 years signifi cant change in electoral roll has taken place due to additions and deletions on a large scale over this long period. Rapid urbanisation and frequent migration of population from one place to another on account of education, livelihood and other reasons have become a regular trend. Some electors obtain registration in one place and then shift their residence and register themselves at another place without getting their names deleted from the electoral roll of the initial place of residence.”Section 5.b. in the “detailed guidelines” in Annexure B of the order says: “Also, EROs (electoral registration offi cers) will refer cases of suspected foreign nationals to the competent authority under the Citizenship Act, 1955.”
Q: Why is it different from earlier such revisions of electoral rolls?
A: Rule 25 of the Registration of Electors Rules describes three kinds of revision: “…Intensively or summarily or partly intensively and partly summarily, as the Election Commission may direct.” Poll authorities conduct “special summary revision” for the whole country at the end of every year, and also before Assembly polls. This is preceded by house-to-house surveys to identify unregistered electors, those who have died, “permanently shifted”, or are registered in more than one place, and corrections required. A draft roll is published and is revised on the basis of investigating the claims and objections filed.
Intensive revisions — in which the electoral roll is prepared afresh— have been conducted 13 times since 1952. Booth-level officers would visit every house and note the details of eligible electors on an "electoral card”, which would be attested by the head of the household. Additional documentary proof was only required for new voters in specified areas of states that have porous borders with neighbouring countries.
The SIR is a new nomenclature. This broadly differs from previous intensive revisions in two aspects — the burden of proof of citizenship is upon every elector, and the sanctity of rolls prepared after the last intensive revision is not upheld by the EC.
Q: Is it intended to become a nationwide norm henceforth? Will Bengal be next?
A: Para 10 of the EC’s order on June 24 says: “Therefore, the Commission has now decided to begin the Special Intensive Revision in the entire country for the discharge of its constitutional mandate to protect the integrity of the electoral rolls. However, since the General Elections to the Legislative Assembly in the State of Bihar is expected in later part of this year, hence the Commission has decided to conduct Special Intensive Revision in the State of Bihar as per the Guidelines and schedule attached herewith. The schedule for the Special Intensive Revision in the rest of the country shall be issued separately in due course.
Several chief electoral officers have begun uploading electoral rolls of the last intensive revision held in their jurisdiction and are training BLOs for this.
In chronological order after Bihar, the terms of the Assemblies of Bengal, Tamil Nadu, Assam and Kerala expire in April next year, followed by Puducherry in May.
Q: Why is there such a controversy around it? Why are Opposition parties opposing the SIR?
A: Opposition parties fear that most electors do not have any of the 12 documents required for themselves, and their parents (required for electors born after 1987). The requirement of individual attestation of enumeration forms, to be completed by July 25, is expected to exclude many voters who are seasonal migrants for work and are unable to complete the process online.
Q: Will it disenfranchise those who have voted in earlier Assembly or Lok Sabha elections? If so, how?
A: Those who do not submit their enumeration forms to the BLO in person or online before July 25 can be struck off the rolls. Further, those who are unable to submit documentary proof before September 1 can also be struck off the rolls.
Q: Is the SIR citizenship determinant in disguise? Does the EC have the power to determine citizenship?
A: Para 8 of the EC’s order on June 24 says: “Whereas, one of the fundamental pre-conditions set out in Article 326 of the Constitution is that a person is required to be an Indian citizen, for his/ her name to be registered in the electoral roll. Consequently, the Commission has a constitutional obligation to ensure that only persons who are citizens…”
Q: What are the documents that determine Indian citizenship?
A:There is no single universal document of citizenship in India. Passports, citizenship certificates, birth certificates or matriculation certificates that show the date and place of birth, domicile certificates, extracts of the National Register of Citizens in Assam, and Electors Photo Identity Cards are among those considered legally valid proofs of citizenship.
Q: What documents are voters required to furnish in order not to be disqualified?
A: Any of the following:
1. Any identity card/ pension payment order issued to regular employees/ pensioners of any central or state government or PSU
2. Any identity card/ certificate/ document issued in India by the government/ local authorities/ banks/ post office / LIC/ PSUs prior to 01.07.1987
3. Birth certificate issued by the competent authority
4. Passport
5. Matriculation/ educational certificate issued by recognised boards/ universities
6. Permanent residence certificate issued by the competent state authority
7. Forest right certificate
8. OBC/ SC/ ST or any caste certificate issued by the competent authority
9. National Register of Citizens (wherever it exists)
10. Family register, prepared by state/ local authorities
11. Any land/ house allotment certificate from the government.
12. Extract of the 2003 electoral roll
Q: Is the SIR the precursor to a nationwide NRC as many are apprehending and alleging?
A: The only mention of the NRC in the EC’s order on June 24 is its acceptance as proof of “date of birth and/ or place of birth”— which thereby helps establish one’s citizenship. The similarity between the two exercises is their document-based determination of citizenship. So far, citizenship of anyone is accepted on self-declaration unless there are reasons to believe otherwise.
Q: Is the Supreme Court’s advice to the EC to allow Aadhaar cards and EPIC credentials for voting mandatory? What is the EC’s view on it?
A: No, the Supreme Court’s advice is not mandatory. The EC is yet to express its views on the court’s observations, and is expected to do so on the next date of hearing on July 28.