Harassment Fears, Deleted Citizenship Clause: Inside the Election Commission’s SIR Dispute
Pavan Korada
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New Delhi: A significant divergence emerged within the Election Commission (EC) regarding the rollout of the controversial Special Intensive Revision (SIR) of electoral rolls, with election commissioner Sukhbir Singh Sandhu placing a “note of caution” on record regarding the potential harassment of genuine citizens.
According to a detailed report by The Indian Express, published on Monday (December 1), internal documents reveal that while the final order for the SIR was issued on June 24, significant changes were made to the draft version – specifically the removal of references to the Citizenship Act, 1955.
Notably, this final order dated June 24 is currently not accessible on the EC’s official website.
The warning on ‘harassment’
The SIR exercise, which began with Bihar and has since expanded to other states, requires existing electors to fill out enumeration forms and provide additional documents to prove their eligibility.
IE reports that on June 24, the day the order was issued, commissioner Sandhu wrote a dissenting note. “Care should be taken that genuine voters/citizens, particularly old, sick, PwD (persons with disabilities), poor and other vulnerable groups do not feel harassed and are facilitated,” Sandhu wrote.
Also read: 'Will Our Names Be Left Out?': Rajbanshis in North Bengal Face SIR Anxiety
While Sandhu’s concern was incorporated into paragraph 13 of the final order, the wording was subtly altered. The specific reference to “citizens” was dropped in favour of “electors”. Furthermore, the final text did not attribute these concerns to the commissioner, instead framing it as a general instruction to electoral registration officers to ensure “genuine electors” are not harassed.
The Citizenship Act deletion
Perhaps the most politically sensitive revelation involves the justification for the SIR. The draft version of the order explicitly linked the revision to the Citizenship Act, 1955, and the 2003 amendment which mandates the identification of citizens.
The draft stated: “The Commission has a constitutional obligation to ensure that only persons who are citizens as per the constitution of India and the Citizenship Act, 1955 (‘Citizenship Act’) are included in the electoral roll.” It further noted that since the 2003 amendment, no intensive revision had been conducted.
However, in the final version (paragraph eight), all references to the Citizenship Act and the 2003 amendment were deleted. Instead, the EC relied on Article 326 of the constitution, which broadly states that a person is required to be an Indian citizen to be a registered voter.
Fears of a ‘backdoor NRC’
The removal of the Citizenship Act reference is significant because the 2003 amendment introduced the concept of “illegal migrants” and is often legally linked to the National Register of Citizens (NRC). Opposition parties and civil society groups have criticised the SIR as a potential “backdoor route” to an NRC. The Supreme Court has already been approached by petitioners arguing that citizenship determination falls under the Ministry of Home Affairs, not the Election Commission.
Chaos on the ground
The prescience of Sandhu’s warning became evident during the rollout in Bihar, which concluded on September 30. The exercise led to widespread panic, with voters scrambling to procure birth certificates and old land records. The electorate in Bihar reportedly shrank by 6% following the revision. The EC also had to extend deadlines following reports of the deaths of several Booth Level Officers (BLOs) due to the intense workload.
Also read: SIR: 3 BLO Deaths in UP, Rajasthan in 3 Days; EC Posts Videos of Staff Dancing During Breaks
Originally, the EC’s indicative list of 11 documents for the exercise did not include Aadhaar or Voter ID cards – documents widely held by the poor – leading to further chaos. Despite the controversy in Bihar, the second phase of the SIR is ongoing in 12 more states and Union Territories, including West Bengal, Tamil Nadu, and Kerala, as announced by the EC on October 27.
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