New Delhi [India], July 9 : As tensions rise over the ongoing Bihar Bandh and debates surrounding voter list revisions, the Election Commission of India (ECI) has taken a significant step to reaffirm constitutional principles.
The Election Commission of India (ECI) has posted an image on its 'X' account highlighting Article 326 of the Constitution of India, which mandates universal adult suffrage, ensuring every Indian citizen above 18 years of age can vote unless disqualified.
The provision, introduced in 1989 to lower the voting age from 21, underscores India's commitment to broader democratic participation.
"Article 326 - Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage. The elections to the House of the People and the Legislative Assembly of every State shall be on the basis of adult suffrage, that is to say, every person who is a citizen of India and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election," posted by ECI on X.
On June 24, the Election Commission of India (ECI) announced that it would begin a Special Intensive Revision (SIR) of the electoral rolls in Bihar ahead of the state's assembly elections. The exercise aims to revise the electoral rolls in the state to include all eligible voters and eliminate those who are ineligible from the voter list.
The notification stated that the ECI would "scrupulously" adhere to the Constitutional provisions regarding the eligibility and disqualification of voters during the revision of the electoral roll. This, the ECI said, was clearly laid down under Article 326 of the Constitution of India and Section 16 of the Representation of People Act, 1950 (RPA).
Article 326 states that any person above the age of 18 is eligible to vote. Section 16 sets out the criteria for a person who is disqualified from voting. These criteria include not being a citizen of India, being of unsound mind, or being disqualified from voting under any law related to corrupt practices and other election offences.
In early July, the Association for Democratic Reforms, Swaraj Party member and activist Yogendra Yadav, moved the Supreme Court under Article 32, challenging the ECI's notification. They claim that the SIR is arbitrary and violative of the universal right to adult suffrage.
The petitions note that the identification process shifts the burden of proof onto individual citizens, requiring them to submit fresh applications and provide documentary evidence of citizenship by 25 July 2025.
The petitions argue that the exercise excludes indicators such as Aadhaar and ration cards, and makes the proof of parents' identity mandatory. Given Bihar's high rates of poverty and migration, such requirements may disenfranchise millions. The petitions also criticise the short timeframe and absence of prior consultation, arguing that the exercise undermines democracy, equality, and the right to vote, particularly for the most vulnerable.
The petitions request an immediate stay of the SIR. In the meantime, the ECI has published notices on the smooth implementation of the SIR in the State on July 4 and 5 on its official website.
On July 6, the ECI issued a press release stating that the initial phase of the SIR has been completed. Notably, the release clarifies that there has been no change in the SIR process, and it will continue as per the notification released on June 24. Moreover, it carries the phrase: "No changes made in SIR as being rumoured by some".
On July 7, 2025, the Supreme Court agreed to hear petitions challenging the SIR. The matter will be taken up on 10 July 2025.
Earlier today, Congress MP and Leader of Opposition (LoP) in Lok Sabha Rahul Gandhi, along with Rashtriya Janata Dal (RJD) leader Tejashwi Yadav, led the 'Bihar Bandh' protest in Patna against the Election Commission of India's (ECI) decision to undertake the Special Intensive Revision SIR) of the electoral rolls ahead of the Bihar Assembly elections.
Several senior leaders of the Indian National Developmental Inclusive Alliance INDIA) Bloc members, including CPI General Secretary D. Raja, CPI (Marxist-Leninist) Liberation leader Dipankar Bhattacharya, Bihar Congress President Rajesh Ram, Kanhaiya Kumar, and Sanjay Yadav, also participated in the protest.
Independent MP from Purnea, Pappu Yadav, joined the demonstrators at the Sachiwalay Halt railway station, raising slogans such as "Chunav Aayog hosh mein aao" (Election Commission, come to your senses).
As part of the protest, Congress workers blocked the railway track at Sachiwalay Halt station, demanding a rollback of the ECI's move.