Bihar SIR: SC says BLAs failing duty; only 2 objections filed despite 1.6 lakh agents appointed
Supreme Court slammed political parties as Booth Level Agents shirked voter roll duties in Bihar; directed ECI to accept Aadhaar and 11 other IDs, ensuring no eligible voter was excluded;
The Supreme Court on Friday took note of the Election Commission of India’s (ECI) compliance with its earlier directions in the ongoing “Special Intensive Revision” of Bihar’s electoral rolls.
The Court clarified that Aadhaar, along with any of the 11 notified identity documents, can be furnished by electors seeking inclusion in Bihar’s electoral rolls. Directing the Election Commission of India (ECI) to examine whatever documents are submitted, the Bench said the objective is to ensure that no eligible voter is excluded in the ongoing Special Intensive Revision.
The Bench of Justice Surya Kant and Justice Joymalya Bagchi recorded the Commission’s status report and passed further directions to ensure that no eligible voter is excluded from the rolls.
Senior Advocate Rakesh Dwivedi, appearing for the ECI, informed the Court that extensive steps had been taken in line with its orders. Public notices were issued at Panchayat, Block and polling station levels, besides being widely published on websites, social media and through advertisements. Draft rolls with reasons for non-inclusion were displayed by Booth Level Officers (BLOs), and online facilities have been made available for filing claims and objections. “Anyone can apply digitally with Aadhaar, without needing to physically visit Bihar,” he submitted.
The Court noted that, despite these steps, Booth Level Agents (BLAs) appointed by political parties were not discharging their responsibilities. While 1.6 lakh BLAs had been appointed by 12 recognised political parties, only two objections had been filed so far. “If all recognised political parties assist, each of their BLAs can verify at least 10 names per day. That means 16 lakh verifications daily. It should not take more than 4–5 days to complete the exercise,” the Bench observed, directing parties to ensure that their BLAs actively assist electors.
The Court issued the following directions:
1.The Bihar Chief Electoral Officer shall issue notices to the Presidents, Working Presidents or General Secretaries of all recognised political parties. They must be represented in Court and file their status reports.
2. Every individual is entitled to apply for inclusion online, either independently or with the assistance of BLAs. Physical submission of forms is not mandatory.
3. BLAs of all political parties must make efforts to assist approximately 65 lakh persons not included in the draft rolls (except those recorded as dead or voluntarily migrated) in filing objections by the cut-off date of 1 September.
4. Where physical forms are submitted, BLOs must acknowledge receipt, though such acknowledgment will not itself prove that the form is complete.
On the suggestion regarding acknowledgment receipts, the Court clarified that the EC “may consider the desirability” of uploading them on its website to avoid future disputes.
Senior Advocate Kapil Sibal, appearing for RJD MP Manoj Jha, sought extension of time, but the Bench declined for the present. “Today we are not extending. But if there is overwhelming response, we will consider,” Justice Kant said, adding that the matter will be reviewed again on September 8.
The Court also clarified that Aadhaar, along with any of the 11 notified documents, may be furnished, and directed the ECI to examine whatever documents are submitted by voters.
Recording that the Commission had “complied in letter and spirit” with its earlier orders, the Bench stressed that political parties must now fulfil their responsibility. “Each voter has the independent right to apply. In addition, they must be facilitated by the 12 recognised political parties, who are expected to instruct their BLAs accordingly,” the Court said.
Notably, on August 14, the Apex Court had directed the ECI to make public, within four days, the names of approximately 65 lakh voters whose names appear in Bihar’s 2025 electoral rolls but are missing from the draft rolls prepared under the “Special Intensive Revision” (SIR) process.
During Singhvi’s submissions, Justice Bagchi noted that while Aadhaar-based requirements may have an exclusionary effect, the availability of a larger number of permissible documents “is actually voter-friendly” as it provides citizens multiple options to prove their eligibility.
Earlier, this week, the ECI had strongly defending the exercise as lawful, necessary and in public interest. “This is a purification exercise to ensure a clean and accurate voter list. Dead and shifted voters must be removed to maintain the integrity of the rolls. The process is transparent, and most voters need not submit fresh documents,” Dwivedi told the Court, adding that no political party or individual voter was before the Bench except public interest groups.
An Interlocutory Application had been filed by ADR on August 8, in the ongoing case concerning the Special Intensive Revision of electoral rolls in Bihar, with serious concerns raised about the omission of over 65 lakh names from the draft rolls. The Apex Court had sought ECI's response.
On July 28, the Supreme Court reiterated its stance that it was not going to stay the SIR of electoral rolls in Bihar. "There should not be mass exclusion.. we want mass inclusion", a Justice Surya Kant led bench further told the Election Commission of India.
Recently, Association for Democratic Reforms told the Supreme Court of India that Election Commission of India has given no valid reason for exclusion of Aadhar, EPIC and Ration Card from the list of documents which can be submitted during the Special Intensive Revision of Electoral Rolls being carried out in Bihar.
Earlier, the ECI had told the Supreme Court that Aadhaar, Electoral Photo Identity Cards (EPIC), and ration cards cannot be accepted as valid proof of citizenship during the ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar. In a detailed affidavit filed in response to petitions challenging the revision drive, the Commission had emphasized that these documents lack legal sanctity for determining citizenship and thus cannot be relied upon to validate voter eligibility. The affidavit was submitted in a batch of petitions led by NGO Association for Democratic Reforms (ADR), marks a significant legal moment in the debate surrounding the intersection of identity documentation and electoral rights.
On July 10, the Apex Court had allowed the Election Commission of India (ECI) to proceed with its Special Intensive Revision (SIR) of electoral rolls in Bihar but directed that documents like Aadhaar, EPIC voter ID cards, and ration cards should also be considered in the process. The ECI, however, clarified that Aadhaar cards, while widely used for welfare and identification purposes, are not evidence of Indian citizenship. Referring to the statutory disclaimer attached to every Aadhaar card, the Commission pointed out that Aadhaar is only an identity document and explicitly not a citizenship certificate.
Case Title: Association for Democratic Reforms & Ors v. Election Commission of India & Anr.
Mentioning Date: August 22, 2025
Bench: Justice Surya Kant and Justice Joymalya Bagchi