What is Article 326 under which EC is revising electoral rolls in Bihar?

The Election Commission cites Article 326 to defend Bihar voter rolls revision, calling it a constitutional necessity since the state's electoral rolls haven't been comprehensively updated since 2003

The Election Commission recently announced a Special Intensive Revision (SIR) of the electoral rolls in Bihar, which goes to polls later this year. The move has sparked a row in the state, with the Opposition and critics arguing that the revision may unfairly target certain communities or new voters.

 

To counter this, the Election Commission on Wednesday, July 9, shared the text of Article 326 of the Constitution on its social media handles. The poll panel started its revision drive in Bihar fulfilling its mandate under Article 326.

 

But what does Article 326 entail? And what mandate does it give the Election Commission to undertake electoral roll revision exercise?

 

 

Here's all you need to know.

 

What is Article 326?

In simpler terms, Article 326 is the constitutional guarantee of your right to vote. It deals with elections to the Lok Sabha and state legislative assemblies on the basis of adult suffrage.

 

Article 326 lays down the principle of universal adult suffrage, meaning every Indian citizen aged 18 and above has the right to vote, provided they are not disqualified under any law due to criminal conviction, unsound mind, or corruption.

 

The article reads:

 

“The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.”

 

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— Election Commission of India (@ECISVEEP) July 9, 2025

 

Why did Election Commission invoke Article 326?

On June 28, the Election Commission announced a Special Intensive Revision of the electoral rolls in Bihar. This exercise, the panel stated, intended to ensure that all eligible citizens are accurately represented on the voters’ list ahead of the upcoming elections, and to maintain the integrity and reliability of the electoral roll.

 

In a social media post, the Election Commission emphasised that Article 326 provides the constitutional foundation for such revisions. The poll panel also defended the exercise as both legally sound and operationally necessary, noting that the last comprehensive revision in Bihar took place in 2003. The current update is aimed at removing duplicate or ineligible entries and bringing the rolls in line with present-day demographic realities.

 

Why is there opposition to electoral rolls revision?

The Election Commission's announcement came amidst a political and legal row. Several petitions have been filed in the Supreme Court challenging the move, arguing that the identification process places the burden of proof on individual citizens, requiring them to submit applications and documentary evidence of citizenship by July 25.

 

The petitions highlight that the exercise excludes commonly accepted identifiers such as Aadhaar and ration cards, and instead mandates proof of both parents’ identity. Given Bihar’s high levels of poverty and migration, such stringent requirements risk disenfranchising millions.

 

The petitions also criticises the short timeline for the exercise and lack of prior public consultation, contending that it undermines the principles of democracy, equality, and the fundamental right to vote, especially for the most vulnerable sections of society.

 

The petition hearing will be taken up by the Supreme Court on July 10.