Responding to concerns from opposition parties, the ECI clarified that Aadhaar cannot be used alone to establish voter eligibility but may supplement other documents.
BY PC Bureau
New Delhi, July 22, 2025 — In a startling justification of its Special Intensive Revision (SIR) exercise in Bihar, the Election Commission of India (ECI) has told the Supreme Court that a person found ineligible to vote will not lose their citizenship — a claim that has raised serious constitutional and legal questions.
In an 88-page affidavit filed before the top court, the poll body sought to allay fears of disenfranchisement by stating:
“Citizenship of an individual would not be terminated if found ineligible for registration in the electoral rolls.”
But this statement has drawn sharp reactions from legal experts and civil society, who argue that the right to vote is a direct consequence of citizenship under Article 326 of the Constitution, and denying this right while maintaining the individual’s citizenship status creates a constitutional paradox.
Critics say the Commission’s position effectively allows a situation where a person is legally a citizen of India but cannot vote — which defeats the very idea of universal adult suffrage and raises the spectre of silent, bureaucratic disenfranchisement.
“This logic is absurd,” said a political observor. “If someone is a citizen and over 18, they are entitled to vote. Denying them a vote without touching their citizenship is like saying they belong to the nation, but not its democracy.”
Bihar Roll Revision Blowup: Why the ECI Is Under Fire (Part-1) https://t.co/tBrVfMza5r #BiharVoterFraud #ElectoralIntegrity #RJD#SIRScam #DemocracyAtRisk #BJP #INCindia#ECIAccountability #AjitAnjumExposé @ECISVEEP
— Navin Upadhyay (@Navinupadhya) July 17, 2025
Court Questions Timing, Aadhaar Role
While the Supreme Court declined to stay the revision process during a hearing on July 10, it raised questions about its timing so close to elections. The court also asked why Aadhaar, voter ID cards, and ration cards were excluded from the list of valid documents in the current verification process.
In its affidavit, the ECI explained that Aadhaar is a proof of identity, not citizenship, and therefore cannot be used as a standalone document for establishing voter eligibility. However, the Commission clarified that Aadhaar can be used to supplement other documents.
“Aadhaar does not help in screening eligibility under Article 326… but may supplement other documents,” the ECI stated, adding that its list of 11 acceptable documents is indicative, not exhaustive.
Revision Covers 94% Voters, Says EC
According to the ECI, the SIR has already covered 94.68% of Bihar’s electorate — accounting for 7.9 crore voters — as of July 18. Less than 0.01% of electors remain untraceable despite multiple visits by Booth Level Officers (BLOs), it said.
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Yet concerns remain that vulnerable groups — including the poor, migrants, and minorities — could be denied enrolment due to document-related hurdles.
Petitioners Accused of Hiding Facts
The Commission has also accused petitioners of suppressing key facts, including the participation of their own political parties in the revision process, and relying on “unreliable media reports.”
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It insists the SIR is a routine constitutional exercise meant to clean the voter list — not a citizenship check — but observers say the affidavit paints a confusing and contradictory picture of eligibility and identity.
As the deadline for form collection (July 25) nears, and Bihar heads toward a politically charged election, the ECI’s stance has triggered fears of bureaucratic gatekeeping in determining who can vote — even among citizens.
“They’re creating two classes of citizens: those with documents, and those without votes,” said a political analyst. “It’s disenfranchisement by stealth.”
The Supreme Court is expected to hear the matter again in the coming weeks.
