Special Intensive Revision: Positive Outlook
In a robust democracy like India, the sanctity of the electoral roll is paramount. Recently, the Election Commission of India (ECI) initiated a Special Intensive Revision (SIR) of electoral rolls, a move that has garnered significant attention across the political spectrum. This extensive exercise began with the state of Bihar and has subsequently been expanded to include 12 other States and Union Territories, including Tamil Nadu, Kerala, West Bengal, Uttar Pradesh, Madhya Pradesh, Rajasthan, Chhattisgarh, Goa, Gujarat, Puducherry, Andaman & Nicobar Islands, and Lakshadweep.
The ECI justified Special Intensive Revision as essential due to the long gap since the last major demographic-based revision—Bihar’s last detailed SIR was in 2002-03, after which migration and urban expansion altered voter distribution considerably. SIR provides an opportunity to correct anomalies, delete ineligible names, add new eligible voters, and ensure inclusivity in the electoral process.
While some States questioned the timing, the ECI argues that a periodic special intensive revision is necessary to uphold the integrity, accuracy, and purity of electoral rolls, which form the foundation of free and fair elections in a democracy.
The primary objective stated by the authorities is to weed out inaccuracies that have crept in over decades—such as duplicate entries, the names of deceased voters, and, most contentiously, ineligible entries related to citizenship status, while retaining “Ordinarily Resident”– a permanent resident in a constituency. While the government and the ECI position this as a necessary administrative procedure to ensure “one person, one vote,” it has sparked debate regarding the timing, the authority of the ECI versus the Ministry of Home Affairs, and the potential impact on marginalised communities.
The Special Intensive Revision (SIR) is not a routine administrative update; it is a statutory procedure embedded in India’s election laws designed to overhaul the electoral rolls completely when they are deemed too flawed for simple correction.
Legislative and Constitutional Framework The power to conduct this revision flows from Article 324 of the Constitution, which vests the superintendence, direction, and control of elections in the Election Commission. However, the specific procedural mandate comes from the Representation of the People Act (RPA), 1950.
According to Section 21 of the RPA, 1950, the electoral roll for each constituency must be revised in the prescribed manner.
Thus, the 2025-26 SIR marks the first multi-state, full-scale intensive revision in nearly two decades.
The central premise of an SIR is that the existing roll is so riddled with errors that a mere summary update (adding new 18-year-olds and deleting reported deaths) is insufficient. Instead, enumerators are required to visit households, verify the existence and eligibility of every voter, and essentially rebuild the trust in the voter list.
The electoral rolls are prepared by the EC as per the provisions of the Representation of the People Act, 1950 (RP Act). Section 19 of the RP Act requires that a person is ‘ordinarily resident’ in a constituency for inclusion in its electoral roll.
The electoral rolls in India are compiled by the Election Commission in accordance with the provisions of the Representation of the People Act, 1950 (RP Act). As per Section 19 of the RP Act, an individual must be ‘ordinarily resident’ in a constituency to be eligible for inclusion in its electoral roll.
In the Manmohan Singh case (1999), the Gauhati High Court provided a key interpretation of this term. It clarified that ‘ordinarily resident’ refers to someone who habitually resides in a particular place. This residence must be of a permanent nature, rather than a temporary or casual stay. The individual should have the intention to live there permanently, and their presence must be such that a reasonable person would accept them as a genuine resident of that area.
Section 20 further elaborates on the meaning of ‘ordinarily resident’. It clarifies that merely owning or possessing a house in a constituency does not automatically qualify a person as an ‘ordinarily resident’ there. However, if someone is temporarily away from their usual place of residence, they are still considered ‘ordinarily resident’ in that original location. The section also covers specific categories of individuals — such as:
(a) members of the Union’s armed forces,
(b) members of a State’s armed police force serving outside their State,
(c) individuals employed in a Government of India post abroad, and
(d) those holding a constitutional post declared by the President in consultation with the Election Commission.
These individuals, along with their spouses, are regarded as being ‘ordinarily resident’ in the constituency where they would have resided had they not been posted elsewhere.
Additionally, Section 20A, introduced in 2010, permits non-resident Indians (NRIs) — even those who have moved abroad for extended periods — to register and vote in the constituency corresponding to the address listed in their Indian passport.
To understand the magnitude of the current exercise, one must distinguish between the two primary types of revisions mandated under the RPA, 1950, and the Registration of Electors Rules, 1960.
Summary Revision Section 21(2)(a)
This is the standard, annual process.
Intensive Revision (The current SIR) Section 21(2)(b)
This is the “special” category currently under discussion.
The Timing Controversy A critical point of contention regarding the current Special Intensive Revision is its timing. Intensive revisions are historically time-consuming exercises meant to be done when no immediate election is looming. However, the current Special intensive revision in Bihar was ordered just months before the Assembly elections.
Constitutional Provisions (Articles 5-11) India’s Constitution defines citizenship at the commencement of the Republic (January 26, 1950) through Articles 5 to 8 of Part II.
Article 5 – Citizenship at commencement of the Constitution.
Article 6 – Rights of persons migrating from Pakistan.
Article 7 – Rights of persons who migrated to Pakistan but returned.
Article 8 – Persons of Indian origin residing abroad.
Article 9 – Voluntarily acquiring foreign citizenship results in loss of Indian citizenship.
Article 10 – Continuance of rights.
Article 11 – Parliament empowered to legislate on citizenship (Citizenship Act, 1955).
The Citizenship Act, 1955 This Act acts as the primary statute governing citizenship after 1950. It provides five ways to acquire citizenship:
Citizenship (Amendment) Acts
Various amendments (1986, 1992, 2003, 2005, 2019) refined documentation, citizenship by descent, and provisions for persecuted minorities from neighbouring countries (CAA 2019).
Foreigners Act, 1946 & Passport Act, 1967 The Foreigners Act vests the government with powers to deport illegal immigrants. Crucially, Section 9 of this Act places the “burden of proof” on the individual to prove they are not a foreigner. The Passport Act regulates the entry and exit of individuals.
Under these acts, the government can:
Important because electoral rolls must not include foreigners.
India and the UN Refugee Convention It is vital to note that India is not a signatory to the 1951 UN Refugee Convention or its 1967 Protocol. Consequently, India does not have a formal legal framework recognising “refugees” as a distinct class with guaranteed rights of non-refoulement (not forcing them back to danger) under domestic law. This means that legally, anyone entering India without a visa is treated as an “illegal migrant” under the Foreigners Act, regardless of whether they are fleeing persecution.
Thus, only citizens of India are eligible to be voters under Article 326.
The Government and ECI provided multiple justifications for this large-scale Special Intensive Revision.
Many border States (West Bengal, Assam earlier, Bihar’s north districts, and coastal UTs) reportedly experienced:
The state, through the Special Intensive Revision, aims to identify individuals who cannot establish their citizenship, thereby preventing non-citizens from influencing Indian elections.
Government’s perspective:
States like Bihar and West Bengal face Assembly elections soon. Clean rolls ensure:
The ECI vs. MHA Conflict A significant infirmity pointed out in the context of the Special Intensive Revision is the question of jurisdiction.
| Pros (Government Perspective) | Cons (Civil Society/Opposition Perspective) |
| Electoral Purity: Ensures the “One Person, One Vote” principle is upheld by removing duplicates. | Disenfranchisement: Legitimate citizens, especially the poor, may lack documents and be deleted from rolls. |
| National Security: Prevents illegal migrants from accessing state power via voting rights. | Jurisdictional Overreach: The ECI acts as a citizenship tribunal without the legal authority (which rests with the MHA). |
| Demographic Accuracy: Updates the rolls to reflect rapid urbanization and migration patterns. | Harassment: Giving lower-level officials (BLOs) power to question citizenship can lead to local-level bias and corruption. |
| Statistical Integrity: Provides a realistic picture of the voting population for better planning. | Burden of Proof: Shifts the burden onto the voter to “re-prove” their citizenship, contradicting the Lal Babu Hussein judgment. |
The ECI may request additional documents if a voter’s citizenship is in doubt, especially since Aadhaar alone does not confirm nationality.
The ongoing Special Intensive Revision (SIR) of electoral rolls is a double-edged sword in India’s democratic journey. On one side, it represents a necessary administrative hygiene exercise to ensure that the voter list—the very document that defines the electorate—is accurate, current, and free from fraud. The intent to remove duplicates and ineligible voters aligns with the highest ideals of a fair election.
Ultimately, the success of this Special Intensive Revision will depend on its execution. It must balance the “positive sense” of electoral purification with the humane protection of legitimate citizens’ rights. A clean electoral roll is the bedrock of democracy, but it must be achieved through a process that is as just and transparent as the election itself.
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