THE SUPREME COURT TODAY directed the Election Commission of India (‘ECI’) to publish, on the websites of Bihar’s Chief Electoral Officer and all District Electoral Officers, the district-wise list of about 65 lakh voters omitted from the draft electoral roll published on August 1, 2025, following the Special Intensive Revision (‘SIR’). The list—searchable by EPIC number—must specify the reason for deletion in each case, such as death, permanent migration, or double registration.
The Court ordered that booth-wise lists of the deleted voters be displayed on notice boards of all panchayat bhavans, block development offices, and panchayat offices, ensuring manual access. It also mandated wide publicity of the order in vernacular and English newspapers with large circulation, in the “simplest, layman-friendly language”, along with announcements through electronic and social media.
Justice Surya Kant said, “If Poonam Devi has been omitted, Poonam Devi must be able to know that she has been deleted and why she has been deleted.”
The bench of Justices Surya Kant and Joymalya Bagchi further directed the ECI to make it clear in public notices that Aadhaar cards can also be furnished as identity proof when applying for re-inclusion, in addition to the existing eleven accepted documents.
“Your list of 11 documents seems citizen-friendly, but Aadhaar and EPIC are readily available… your notice can say those who have not submitted so far can submit their Aadhaar and EPIC also,” Justice Bagchi observed.
At the outset, the bench questioned the ECI’s reluctance to disclose the list and reasons for omission. “Transparency will help create voter confidence. Why don’t you take the additional step of putting it up on the website, clearly identifying persons who are not there, with reasons, so that they can take remedial measures?” Justice Bagchi asked senior advocate Rakesh Dwivedi, appearing for the Commission.
Dwivedi maintained that the Commission had “a wide reservoir of powers” under Section 21(3) of The Representation of the People Act, 1950, read with Article 324 of the Constitution, to conduct the SIR.
On Tuesday, the Court agreed that Aadhar was not a conclusive proof of citizenship
On August 12, the top Court had observed that the inclusion and exclusion of citizens and non-citizens from the electoral rolls falls within the domain of the ECI, also endorsing the poll panel’s stand that Aadhaar card is not conclusive proof of citizenship.
That day, Senior Advocate Kapil Sibal had argued that the exclusion of about 65 lakh voters from the draft electoral roll published on August 1—without any objection to their inclusion—was illegal.
The bench, however, had said that under the Rules, persons excluded must file applications for inclusion, and objections can only be considered at that stage.
When Sibal, appearing for RJD MP Manoj Kumar Jha, said many people in Bihar do not have most of the documents sought by the ECI during the Special Intensive Revision (SIR), Justice Kant had remarked, “Bihar is part of India. If they don't have them, other states won’t either… there must be something to prove you are a citizen of India.”
Senior Advocate Abhishek Manu Singhvi had argued that removal of voters on citizenship grounds must follow due process, which is not possible just three to four months ahead of assembly elections.
Political activist Yogendra Yadav had described the exclusion of 65 lakh voters as a “tectonic shift,” producing two persons from Bihar who had been marked as dead in the draft roll despite having voter ID cards.
The NGO Association of Democratic Reforms (ADR) had argued that the SIR can disenfranchise lakhs arbitrarily, violating free and fair elections.
Yesterday, SC noted that expanding the number of documents accepted as ID proof was ‘voter friendly’
On August 13, the top Court observed that the ECI’s move to expand the list of documents acceptable as proof of citizenship from seven to eleven for the Bihar SIR makes the process more voter-friendly.
The bench noted that asking for only one document would be anti-voter, but allowing multiple options benefits electors. “They have expanded the number of documents… it is now 11 instead of 7 by which you can identify yourself as a citizen,” Justice Bagchi noted.
Singhvi, had, however, criticised the list, calling it “nothing but a house of cards,” arguing that several of the new documents—such as passports, land records, or residents’ proof —had negligible coverage in Bihar. He emphasised that Aadhaar had the highest reach, but was not being accepted as conclusive proof. “You have given 11 documents and 3 of these… are empty without notice. The other 2 are doubtful,” he argued, stating, “So this impressive list of 11 is nothing but a house of cards.”
Bhushan alleged irregularities in the SIR process, claiming booth-level officers filled and signed enumeration forms on behalf of voters, leading to wrongful inclusions and exclusions. He also argued that the EC made the draft electoral roll non-searchable after a press conference by Congress leader Rahul Gandhi on bogus voters.
Sankaranarayanan argued that the enumeration form used in the SIR had “no basis in law” and that voters were being removed without due process. He sought a stay on the exercise, warning that West Bengal had also received a similar SIR notice without state consultation.
The Bench, however, observed that electoral rolls cannot remain static and require periodic revision.
The Court is hearing challenges to the June 24 SIR notice—issued just ahead of the Bihar assembly elections—by NGOs including ADR and People’s Union for Civil Liberties (‘PUCL;), as well as MPs and activists.
Petitioners allege violations of Articles 14, 19, 21, 325, and 326 of the Constitution, and contend that the exercise could cause large-scale disenfranchisement, especially among rural and vulnerable groups.
The SIR directive mirrors the Citizenship Act, 1955, in requiring birth-based proof of citizenship and excludes Aadhaar as conclusive proof—consistent with the Supreme Court’s 2018 ruling that Aadhaar establishes identity, not citizenship.
