SIR: Crackdown on Illegal Migrants or Process of Disenfranchisement?

— ✍️Nidhi Singh

New Delhi- What good is a democracy if the most downtrodden section of society is unable to cast their votes? The Election Commission’s Special Intensive Revision (SIR) is framed as a crackdown on “illegal migrants”, but for millions of ordinary people, it is a denial of their right to vote. The SIR ruled that ordinary citizens need to furnish documentary proof of their citizenship to remain on the electoral roll in Bihar. The Special Intensive Revision (SIR) in Bihar is being implemented by the ECI ‘s order dated 24.06.2025. As per instructions, draft electoral rolls that will be issued on 1 August 2025 will contain the names of persons whose enumeration forms have been received. 

The documents asked for in the exercise do not include the voter ID, Aadhar card, and other papers usually needed to prepare electoral rolls in the past. Instead, several other documents have been requested by the ECI in Bihar, including identity card/ pension payment papers issued to government/ PSU employees, educational certificates issued by recognised entities, permanent residence certificates, forest right certificates, caste certificates, passports and birth certificates.

In an advertisement carried in Hindi newspapers on July 6, 2025, the office of the Bihar Chief Electoral Officer (CEO) requested voters to submit forms without the required documents, which can be submitted later. Despite various claims of progress,  only 11% of the estimated electorate has submitted forms, which further emphasises the deep-seated issues in the process. 

The advertisement further stated that if documents are produced promptly, it will help the Electoral Registration Officer to process the application more easily. In cases where documents can’t be provided, the Electoral Registration Officer may make a decision based on a local inquiry or verification of other supporting documents. This grants excessive power in the hands of the local authorities for ensuring verification, which presents inherent problems.

According to the poll body, it is part of its crackdown on “illegal immigrants” from foreign countries. This has faced resistance from opposition parties that objected to the ongoing intensive revision of the electoral rolls ahead of the assembly polls. Critics have also been arguing that it poses difficulties for migrant voters,  an estimated 20% of Bihar’s voting population, who will have to be present for verification during the window that ends on July 31.

Why does this matter?

This policy is fraught with complications, especially in a state like Bihar, which has historically suffered from high levels of poverty, emigration and low literacy rates. This will impact the most downtrodden section of society.

Any practice that requires proof of citizenship places an onerous burden on the more vulnerable section of society. Instead of facilitating inclusion, this could systematically exclude people and cause disenfranchisement in Bihar. The reliance on booth-level officers and local enquiries as substitutes for evidence could cause arbitrary decisions and local-level corruption. It can be used easily for the intimidation of minority groups. Such an exclusion is deeply undemocratic because it disproportionately impacts the marginalised sections, compounding existing inequalities and representation.

EC claims that it focuses on ruling out illegal migrants; however, it can be used as a political weapon. This has the potential to undermine the independence and credibility of the electoral process. The result of such a policy could weaken the principle of popular sovereignty, as certain sections of the electorate are systematically denied the right to vote.

What does SIR mean for India?

This demonstrates a deepening anxiety and concern about citizenship and belongingness. The fact that millions of people are being constantly put on a radar where they have to prove their citizenship or patriotism has become an essential part of Indian politics today. Politics of identity has become central to the Indian State's imagination. This is not just an isolated incident, with many remembering the anxiety that the NRC had created. It mirrors a broader, ideological trend towards linking civil rights to documenting proof of ‘Indianness’.

It is also a reflection of the erosion of principles of universal suffrage. Indian democracy was founded on an inclusive promise to do away with the inequalities and discrimination that people suffered from during the British Raj. The makers of the Constitution wanted that every adult citizen could vote, regardless of caste, class, gender, literacy, or wealth. Article 326 of the Indian Constitution directs that the franchise be limited to all adult Indian citizens. The current exercise, of voter list revision, exposes how fragile the principle of universal suffrage has become in the current time.

 A five-judge bench of the Supreme Court, in 2023,  in Anoop Baranwala vs Union of India, held that “…the right to vote is not merely a constitutional right, but a component of Part III of the Constitution (Fundamental Rights) as well.”

The Dalits and other Scheduled Castes and Tribes have had a long history of landlessness, displacement and insecure housing. “According to the 2015-16 Agricultural Census, 92% of Scheduled Caste (SC) landholdings are marginal (0-2 hectares), comprising just 9% of total agricultural land, with an average holding of 0.78 hectares. In states like Haryana, Punjab, and Bihar, 85% of Dalits depend on landlords for survival”. They, in most instances, don’t possess robust documentation, be it birth certificates, ration cards or land deeds. There exists multiple reasons behind this, including a lack of political will on the part of both central and state governments, a lack of commitment of upper-caste and class bureaucrats to render social justice, the absence of vigilance committees of citizens to monitor the implementation process, and a lack of statutory power on the n the part of the Scheduled Caste/Scheduled Tribe Commission.  So,  when the system decides to depend on  “papers”, it systematically punishes historical disposition.

In rural areas of Bihar, women’s legal identities exist through relationships like their father’s and husband’s names, but not as independent citizens. More often than not, women do not have proper documentation. Widows, separated women, single women and women-headed households become particularly susceptible to this policy.

All in all, a bureaucratic demand for papers reproduces a century-old pattern of marginalisation. It shows that without structural sensitivity, even an administrative exercise like voter list revision can become a powerful instrument of disenfranchisement.

The onus of inclusion should be on the State and its institutions, like the ECI itself, to uphold the principle of universal adult franchise. Therefore, the ECI should broaden the acceptable form of identification, ensuring that the vulnerable section of society is not left behind and can exercise their constitutional right to vote.

- The author is a Delhi based researcher and her research passions encompass Feminism, the Global Economy, and Artificial Intelligence. 

Disclaimer: The views expressed in this article are solely those of the author and do not necessarily reflect the editorial stance of The Mooknayak.