Supreme Court Orders Free Legal Aid for Bihar Voters Excluded from Rolls

The Supreme Court of India has mandated the provision of free legal aid for individuals excluded from the final voters’ list in Bihar. This decision aims to facilitate access to legal support for those affected by recent changes to the electoral rolls, ensuring that they can file appeals against their exclusion.

In a ruling delivered by a bench comprising Justice Surya Kant and Justice Joymalya Bagchi, the court instructed the Bihar State Legal Services Authority to mobilize paralegal volunteers and legal aid counsel to assist those seeking to appeal their exclusion. The judges highlighted the urgency of the situation, directing immediate communication to District Legal Services Authorities (DLSAs) to ensure timely access to support for affected individuals.

Legal Aid Initiatives and Responsibilities

The court’s order emphasizes the necessity for DLSAs to promptly update contact details of paralegal volunteers in each village. These volunteers will play a crucial role in informing excluded individuals about their rights to appeal and will provide assistance in drafting the necessary documents. Importantly, the bench clarified that this directive extends not only to those omitted from the final list but also to individuals whose names were absent from the draft list altogether.

During the proceedings, Senior Advocate Rakesh Dwivedi, representing the Election Commission of India (ECI), refuted allegations of unlawful exclusions during the recently concluded Special Intensive Revision (SIR) in Bihar. He asserted that any individual whose name was removed from the final list had not been included in the draft list due to their failure to submit an enumeration form. Dwivedi further accused petitioners of submitting false affidavits and urged them to assist affected parties in filing their appeals within a strict five-day timeframe.

The court expressed dissatisfaction with Advocate Prashant Bhushan, who had submitted an affidavit lacking proper verification. Justice Kant and Justice Bagchi called for increased accountability regarding document handling. In response, Bhushan defended his actions, stating that the affidavit was provided to him by a responsible individual and suggested that its authenticity could be confirmed through the Legal Service Authority.

Impact of Electoral Changes in Bihar

Justice Kant reiterated that aggrieved individuals can access appellate remedies with the support of free legal aid, assuring that any filed appeals would be addressed without delay. The recent publication of the final electoral roll following the SIR has resulted in a significant reduction in Bihar’s electorate, shrinking by over 6% with approximately 4.7 million net deletions.

The Congress Party, which has opposed the SIR just before the elections, has raised concerns regarding the impact of these changes. They pointed out that there were 77.2 million registered voters during the 2024 Lok Sabha elections, indicating that around 3 million individuals who were eligible to vote in those polls will be unable to participate in the upcoming elections.

On Monday, the Chief Election Commissioner announced that the current total of voters in Bihar stands at 74.2 million, of which 39.2 million are male and 35 million are female. This significant demographic shift highlights the urgent need for legal support for those affected by the recent electoral changes. The Supreme Court’s ruling aims to mitigate the impact of these changes by ensuring that individuals have the necessary resources to challenge their exclusion from the electoral process.