ECI'S U-TURN ON SIR: CONCERNS OVER MASS EXCLUSION OF VOTERS

10 Nov 2026

Tags: Polity & Constitution   Electoral System   Key electoral mechanisms

Source: The Indian Express

Context: Following criticism, media investigations and Supreme Court observations, the Election Commission of India (ECI) issued revised directions on November 6, providing procedural relief to voters excluded during the Special Intensive Revision (SIR) of electoral rolls.

• The revised directions apply to seven States/UTs: Delhi, Maharashtra, Haryana, Andhra Pradesh, Jharkhand, Telangana and Nagaland.
• The move addresses concerns regarding mass exclusion of eligible voters and procedural difficulties in restoring their names to electoral rolls.

Scale of Voter Exclusion

• Around 4.52 crore voters were excluded from the draft SIR electoral rolls in these seven States/UTs.
• Across India, approximately 13.3 crore voters were excluded under the categories of ASDD:
  • A – Absent: Voters not found at their registered addresses.
  • S – Shifted: Voters who have changed residence.
  • D – Dead: Voters reported deceased.
  • D – Duplicate: Names appearing more than once in electoral rolls.

Major Concessions Announced by ECI (November 6)

• Extension of deadline: The deadline for submitting enumeration forms has been waived in the seven States/UTs. Voters can submit forms even after the deadline by explaining the delay.
• Relocated voters: Voters who have shifted residence can submit the enumeration form with their new address instead of being compelled to register as first-time voters through Form 6.
• Homeless persons: Homeless people, including slum dwellers displaced due to demolition, can be included through simple field verification by the Booth Level Officer (BLO), without documentary harassment.
• Publicity: ECI will widely publicise these concessions to ensure that eligible voters are not excluded.

Two Major Reversals in ECI's Position

• Use of Rule 21(1): ECI has recognised Rule 21(1) of the Registration of Electors Rules, 1960, which empowers the Electoral Registration Officer (ERO) to take remedial action to correct omissions arising from inadvertence or error.
• Restoration of old EPIC numbers: Voters whose names are restored will be reassigned their previous Elector Photo Identity Card (EPIC) numbers instead of receiving fresh identification numbers.
• Earlier, ECI had insisted that wrongfully excluded voters could return only by filling Form 6, effectively declaring themselves first-time voters and receiving new EPIC numbers.
• These reversals indicate a significant change in ECI's approach towards restoring wrongly excluded voters.

Supreme Court's Intervention

• The ECI's revised position followed judicial scrutiny and observations by the Supreme Court in a petition challenging the SIR process in Delhi, filed by activists Anjali Bhardwaj and Amrita Johri.
• October 28 hearing: The Supreme Court termed the compulsory use of Form 6 by voters on the ASDD list an "error" and "structural incongruity".
• The Court observed that such voters should be allowed to submit:
  • Enumeration Form, or
  • Form 8, particularly where they are marked as permanently shifted, absent or untraceable.
• The Court also observed that the legality of the category of Logical Discrepancy remained an open question.
• November 3 clarification: Despite the Court's observations, ECI initially reiterated that excluded voters could use Form 6 and claimed that concerns regarding false declarations and possible prosecution were misplaced.
• The November 6 directions marked a significant reversal of this earlier position.

Concerns Regarding the Revised Directions

• Unequal treatment across States: The concessions apply only to seven States/UTs where SIR had not officially concluded, leaving voters in States where the exercise was completed without similar relief.
• Bengaluru: Voters reportedly experienced substantial exclusions but may not benefit from the revised measures.
• Bihar and West Bengal: Concerns remain over elections conducted after alleged large-scale deletions during SIR.
• Previously restored voters: Clarity is required on whether voters who already submitted Form 6 will regain their old EPIC numbers.
• Implementation gap: It remains uncertain whether ECI will actively restore all wrongly excluded voters or merely report a limited number of successful restorations.

Structural Concerns with the SIR Process

• Burden of proof: Even after procedural relaxations, SIR continues to shift the responsibility of remaining on electoral rolls from the election machinery to individual voters.
• Presumption of citizenship: Critics argue that the process undermines the presumption of citizenship of existing electors by requiring them to establish their eligibility afresh.
• Lineage-based verification: The exercise raises concerns over linking voting eligibility to family lineage and documentary proof.
• Universal Adult Franchise: Such requirements may disproportionately exclude poor, homeless, migrant and marginalised populations who face difficulties in producing documents.

Constitutional and Legal Provisions

• Article 324: Vests the superintendence, direction and control of elections in the Election Commission of India.
• Article 325: Provides for one general electoral roll for every territorial constituency and prohibits exclusion from electoral rolls solely on grounds of religion, race, caste or sex.
• Article 326: Establishes elections to the Lok Sabha and State Legislative Assemblies on the basis of universal adult suffrage, subject to constitutional and statutory qualifications.
• Representation of the People Act, 1950: Provides the statutory framework for electoral rolls, including preparation, revision and correction.
• Registration of Electors Rules, 1960: Provides procedural rules governing the preparation and revision of electoral rolls, including Rule 21(1).

Important Forms Used in Electoral Roll Management

Form	Purpose
Form 6	Application for inclusion of name in the electoral roll for first-time registration or eligible inclusion.
Form 7	Application for deletion of an existing entry or objection to inclusion.
Form 8	Correction of electoral roll entries, shifting of residence, replacement of EPIC and marking of PwD status.
Enumeration Form	Used during SIR to collect and verify existing electors' details.

Way Forward

• Uniform application: Extend the revised concessions to all States where SIR has been completed to ensure equal treatment of voters.
• Proactive restoration: ECI should identify and restore eligible voters wrongly excluded rather than placing the entire burden on individuals.
• Transparent verification: Establish clear procedures for handling ASDD and Logical Discrepancy cases.
• Technology with safeguards: Use digital verification without excluding migrants, homeless persons and citizens lacking conventional documentation.
• Institutional accountability: Ensure independent monitoring, accessible grievance redressal and transparent publication of deletion and restoration data.
• Protect universal franchise: Electoral roll revision must improve accuracy without compromising the democratic principle of universal adult suffrage.