Bihar SIR: SC to Hear RJD's Plea on Extension of Time for Filing Voter Claims on September 1
Advocate Prashant Bhushan mentioned the matter before a Bench led by Justice Surya Kant, requesting a one-week extension of the current September 1 deadline for filing Bihar voter claims;
The Supreme Court on Friday agreed to hear on September 1 the plea filed by the Rashtriya Janata Dal (RJD) seeking an extension of time for filing claims and objections in the ongoing voter registration process in Bihar.
Advocate Prashant Bhushan mentioned the matter before a Bench led by Justice Surya Kant, requesting a one-week extension of the current September 1 deadline.
Bhushan informed the Court that two other political parties had also moved similar applications.
Justice Surya Kant questioned why the plea was not first taken to the Election Commission.
Bhushan responded that while the parties had approached the Commission, it had refused to grant any extension.
Advocate Nizam Pasha further submitted that about 80,000 claims were filed in three weeks before the Court’s earlier order, while nearly 95,000 were filed within just one week after it.
Taking note of the submissions, the Bench agreed to list the matter for hearing on Monday, September 1.
It is to be noted that on August 22, 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 had 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.
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 29, 2025
Bench: Justice Surya Kant and Justice Joymalya Bagchi