SIR in Bihar: Will Removal from the Voter List Lead to Loss of Citizenship?

Ahead of the upcoming assembly elections in Bihar, the Election Commission is conducting a Special Intensive Revision (SIR) of the electoral rolls. This has triggered a series of legal and constitutional questions.

The opposition has alleged that the Election Commission is using this revision as a backdoor mechanism to scrutinize people's citizenship status.

However, the Election Commission has assured the Supreme Court that being excluded from the voter list does not mean loss of citizenship.

In an 88-page affidavit submitted to the Supreme Court, the Election Commission stated:

“Under the SIR process, a person's citizenship will not be considered terminated merely because they have been declared ineligible for voter registration.”

The Commission also said it has the constitutional and legal authority to seek citizenship-related documents to ensure people are legitimately granted the right to vote.

What triggered the issue?

The Supreme Court heard petitions challenging the SIR process in Bihar on July 10. While the Court refused to stay the process, it advised that Aadhaar card, voter ID, and ration card be accepted as valid documents for updating the voter list.

In its affidavit, the Election Commission clarified that Aadhaar is not proof of citizenship, a fact also upheld by multiple High Courts.

On June 24, the Election Commission issued an order requiring nearly eight crore voters in Bihar to fill out and submit a "Enumeration Form" by July 25 to remain in the voter list. According to the directive, a draft electoral roll will be published on August 1, and only those who submit the form will be included—regardless of whether they attached the required documents or not.

This process has ignited political controversy. The Election Commission claims it is aimed at correcting and updating the electoral rolls. But the opposition argues it is a veiled attempt to conduct a citizenship verification drive.

The next hearing is scheduled for July 28.

How are Citizenship and Voting Rights Different Yet Interconnected?

What does the Constitution say about voting rights?

Articles 324 to 329 of the Indian Constitution lay out the framework for free and fair elections.

• Article 324: Provides for an independent and autonomous Election Commission.
• Article 325: Prohibits exclusion from the electoral roll on the basis of religion, race, caste, or sex.
• Article 326: Grants universal adult suffrage, stating that every Indian citizen aged 18 or above, unless declared ineligible by law, has the right to vote.
• Article 327: Empowers Parliament and State Legislatures to make laws regarding elections, including voter registration and delimitation of constituencies.
• Article 329: Limits judicial intervention in electoral matters.

Key Laws:

Two main laws passed by Parliament govern elections:

• Representation of the People Act, 1950
  • Section 16: Disqualifies non-citizens from being registered as voters.
  • Section 19: To be registered as a voter, a person must be 18+ years and a resident of the constituency.
• Representation of the People Act, 1951
  • Grants voting rights to anyone included in the electoral roll.
  • However, those disqualified under the 1950 Act or currently in prison cannot vote.

How is Voting Right Different from Citizenship?

Whether the right to vote is a fundamental right or not has been debated for long.

In the 2006 Kuldeep Nayar v. Union of India case, the Supreme Court's Constitutional Bench clarified that the right to vote is a constitutional right, not a fundamental right.

In its affidavit regarding the Bihar SIR, the Election Commission stated:

“The SIR guidelines are constitutionally valid and aim to maintain the integrity of the electoral roll. But being found ineligible under Article 326 does not amount to loss of citizenship.”

According to the Constitution, being an Indian citizen is a pre-condition to being a voter, but not all citizens are automatically voters—other eligibility conditions must be met.

A Simple Analogy:

“If a student doesn't meet attendance requirements, the school may prevent them from sitting for exams. That doesn’t mean the student is no longer enrolled in the school.”

In short:

• Constitutional rights (like voting) are granted conditionally, based on fulfilling certain criteria.
• Fundamental rights, on the other hand, are granted unconditionally by the Constitution.

Article 326 grants the right to vote to all Indian citizens aged 18+, but only if they meet additional requirements, such as submitting valid documents.

The Citizenship Act, 1955 lays down how a person becomes an Indian citizen—by birth, descent, registration, or naturalization.

Why Is Aadhaar Not Proof of Citizenship?

The Election Commission did not include Aadhaar, voter ID, or ration card in the list of 11 mandatory documents for the Enumeration Form.

Usually, these are accepted as identity proofs, which has raised questions about their exclusion from the voter list update process.

In its affidavit, the Commission clarified that Aadhaar:

“Does not assist in verifying eligibility under Article 326. However, Aadhaar may still be used as a supplementary document to prove eligibility.”

The Election Commission also referred to the issue of fake ration cards being widely circulated.

As per Section 9 of the Aadhaar Act, it is clearly stated that:

“Aadhaar number is not proof of citizenship or domicile. Possession of Aadhaar does not automatically imply that the person is a citizen or a resident of India—it is only a proof of identity.”

Even Aadhaar documents themselves carry a disclaimer stating that Aadhaar is not proof of citizenship.