ON JULY 10, THE SUPREME COURT declined to halt the ongoing Special Intensive Revision (S.I.R) of Electoral Rolls in Bihar.
A Division Bench of Justices Sudhanshu Dhulia and Joymalya Bagchi heard the matter for over three hours and observed that it required further consideration.
The Bench issued a notice to the Election Commission of India, directing it to file a counter-affidavit by July 27, 2025. The petitioners were instructed to file a rejoinder affidavit, if any, by July 28.
The Bench recorded its prima facie view that it would be in the interest of justice for the Election Commission to ‘consider’ using Aadhaar, the Electors Photo Identity Card (‘EPIC’), and Ration Card for voter verification, in addition to the eleven documents already notified.
However, it remains unclear whether this observation constitutes a mandamus to the Commission or merely a suggestion for it to consider including these additional documents.
The Bench also permitted the Commission to proceed with the Special Intensive Revision of Electoral Rolls in accordance with the law.
The Bench noted, “Since these cases will come up before the appropriate court before August 1, 2025, the scheduled date for the notification of Draft Electoral Rolls, there is no need to pass any order on the ad interim stay applications at this stage, especially as the petitioners are not pressing for a stay.”
The Bench was hearing a batch of petitions filed by the Association for Democratic Reforms (‘ADR’), nine political parties including the Congress, All India Trinamool Congress (‘TMC’) Member of Parliament Mahua Moitra, psephologist Yogendra Yadav, Rashtriya Janata Dal leader Manoj Jha, social activist Arshad Ajmal, and others.
A team of senior advocates and lawyers, including Gopal Sankaranarayanan, Kapil Sibal, Abhishek Manu Singhvi, Shadan Farasat, Vrinda Grover, and Nizam Pasha, represented the petitioners. Senior advocates K.K. Venugopal, Rakesh Dwivedi, and Maninder Singh appeared for the Election Commission.
The petitioners raised wide-ranging arguments, questioning the Commission’s authority to conduct the exercise in the manner proposed, the timing of the exercise ahead of impending assembly elections, and its disproportionate impact on marginalized communities.
The petitioners argued that a voter cannot be removed from electoral rolls without following the procedure under the Representation of the People Act, which includes issuing a notice to the concerned person and providing them an opportunity for a hearing. It was further added that a voter who has been on the voter list enjoys a presumption of citizenship in their favour and the commission in the guise of special revision cannot disturb that.
The petitioners also argued that determining or questioning citizenship falls outside the Commission’s jurisdiction.
The petitioners also argued that it was impractical to conduct such an exercise in such a short time.
Further, a very small fraction of the population possesses any of the 11 documents listed by the Commission, the petitioners noted.
The Election Commission argued that it had both constitutional and statutory backing to undertake a Special Intensive Revision. It sought to assure the court that no voter would be removed without notice or a due hearing.
Regarding Aadhaar, the Election Commission argued that it is not proof of citizenship.
The Commission also submitted that the documents, which are to be considered by it for verification of the voters, illustrate eleven documents, but the list is not exhaustive. This submission made the basis for the Bench to ask the commission to consider three more documents namely Aadhar, Voter Id card and ration card.
During the hearing, the Bench expressed its concerns over the timing of the exercise and questioned whether it could be completed in such a short time. However, the court seemed unimpressed with the petitioner’s argument that it lacked the power to undertake the exercise.
Section 21 of the Representation of the People Act provides for the preparation and revision of electoral rolls by the Election Commission. This is done in two ways: summary revision and special revision.
For a special revision, the Commission is required to record reasons for doing so. Bihar had its last intensive revision in 2003, and since then, it has undergone regular summary revisions to its rolls, with the latest completed in January 2025.
Summary revisions are generally conducted to revise the rolls due to deaths, new voters, migration, etc. In an intensive revision, the existing roll is not considered, and the process starts de novo.
On June 24, the ECI issued an order for a Special Intensive Revision of Electoral Rolls, describing it as an effort to ensure that all eligible citizens are included in the electoral roll to exercise their franchise, that no ineligible voters are included, and to introduce complete transparency in the process of adding or deleting electors. The last intensive revision in Bihar was conducted by the ECI in 2003.
As part of the SIR ordered by the ECI ahead of the Bihar assembly polls, residents whose names did not appear in the 2003 electoral rolls must provide one of 11 specified documents to prove their citizenship. Notably, Aadhaar and ration cards are not included among these documents.
The acceptable documents are:
1. Any identity card or Pension Payment Order issued to regular employees or pensioners of Central/State Government or Public Sector Undertakings (PSUs).
2. Any identity card, certificate, or document issued in India by the government, local authorities, banks, post offices, Life Insurance Corporation (LIC), or PSUs prior to July 1, 1987.
3. Birth certificate issued by a competent authority.
4. Passport.
5. Matriculation or educational certificate issued by recognized boards or universities.
6. Permanent residence certificate issued by a competent state authority.
7. Forest Rights Certificate.
8. OBC/SC/ST or any caste certificate issued by a competent authority.
9. National Register of Citizens (where applicable).
10. Family Register prepared by state or local authorities.
11. Any land or house allotment certificate issued by the government.