Petitioners claim nearly 4.5 crore voters may be affected by the ECI’s rushed and exclusionary process in Bihar
BY PC Bureau
New Delhi, July 28 — The Supreme Court on Monday declined to halt the publication of the draft electoral rolls for Bihar, set for August 1, as part of the Election Commission of India’s (ECI) Special Intensive Revision (SIR) process.
A bench of Justices Surya Kant and Joymalya Bagchi briefly heard the matter but did not conduct a detailed hearing due to Justice Kant’s prior administrative engagement. Assuring petitioners of an early hearing, the bench asked counsel to indicate the time required for arguments during Tuesday’s proceedings.
Senior Advocate Gopal Sankaranarayanan, representing the Association for Democratic Reforms (ADR), urged the Court to stay the publication of the draft list, warning it could affect as many as 4.5 crore voters. He emphasized that once the draft is published, individuals whose names are missing will have to initiate formal objections and seek inclusion—an onerous burden on already vulnerable populations.
READ: Manipur: Kuki Body Demands Halt to Indo-Myanmar Fencing
Sankaranarayanan also pointed out that the petitioners refrained from seeking an earlier stay on June 10 because the Court had assured it would hear the matter before August 1.
In response, Senior Advocate Rakesh Dwivedi, appearing for the ECI, maintained that the list is only a draft and can still be amended. Justice Kant concurred, stating that if any illegality is eventually established, the entire process could be invalidated. He declined to explicitly record that the exercise would be subject to the outcome of the petitions, noting that this understanding is implicit.
Bihar ‘SIR’ case latest in SC:
1) NO STAY on exercise for now
2) SC ASKS WHY NOT INCLUDE AADHAR and EPIC: EVERY DOCUMENT ON EARTH CAN BE FORGED– EVEN THOSE ON EC LIST
3) matter adjourned: to be considered for detailed arguments tomorrow.
— Rajdeep Sardesai (@sardesairajdeep) July 28, 2025
Petitioners criticized the ECI for not following the Supreme Court’s July 10 recommendation to accept Aadhaar, Electoral Photo Identity Cards (EPIC), and ration cards as valid proof of identity for electoral inclusion.
Dwivedi argued that the ECI has reservations, particularly concerning the reliability of ration cards, which are often prone to duplication and fraud.
Responding orally, Justice Kant directed the ECI to at least consider Aadhaar and EPIC, stating:
“There is a presumption of correctness with official documents. You must proceed with Aadhaar and EPIC. Any concerns about forgery can be addressed case-by-case.”
He also urged the Commission to prioritize “en masse inclusion” rather than exclusion.
Background: Special Intensive Revision Under Scrutiny
The ECI launched the Special Intensive Revision on June 24, 2025, under Section 21(3) of the Representation of the People Act, 1950, aiming to verify the eligibility of voters and update electoral rolls. However, the process has faced widespread criticism and legal challenges.
Petitioners—including opposition leaders, civil rights organizations, and social activists—allege that the revision exercise is hasty, poorly designed, and likely to disenfranchise millions, particularly marginalized groups such as Muslims, Dalits, and migrant laborers.
They argue the burden of proving citizenship has been unfairly shifted onto voters, and that documents widely used in Bihar—such as Aadhaar and ration cards—have been wrongly excluded. They also cite the lack of procedural safeguards under Section 22 of the Representation of the People Act and Rule 21-A of the Registration of Electors Rules, 1960.
In a rejoinder, ADR alleged that Electoral Registration Officers (EROs) are uploading voter enumeration forms en masse—without proper consent—in order to meet the ECI’s tight deadlines. They also pointed to field reports by journalist Ajit Anjum suggesting that forms of even deceased individuals are being submitted, violating ECI norms.
Relief Sought by Petitioners
As an interim measure, petitioners have asked the Court to pause the SIR process and use the electoral rolls last updated in January 2025. They have also questioned the ECI’s authority to conduct citizenship verification, arguing that such determinations fall within the Union Government’s jurisdiction.
The Court is expected to conduct a full hearing in the coming days.
