SC Directs ECI to Publish List of 65 Lakh Bihar Voters Missing from Draft Rolls Within 4 Days
Supreme Court ordered district-wise online publication of the 65 lakh Bihar voters missing from draft rolls, with reasons for deletion, and wide publicity of Aadhaar acceptance via TV, radio, and other media; review set for August 22;
The Supreme Court on Thursday directed the Election Commission of India (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.
The Bench of Justice Surya Kant and Justice Joymalya Bagchi, hearing a batch of pleas challenging the SIR ahead of the Bihar Assembly polls, said citizens must be able to independently verify deletions without relying on political party workers.
The Court emphasised that any action potentially depriving a citizen of their right to vote must follow a fair and transparent procedure.
The Bench has directed the ECI to:-
1. Publish district-wise, booth-wise lists on every District Electoral Officer’s website, accessible using a voter’s EPIC number.
2. Mention the specific reason for each voter’s non-inclusion in the draft roll; whether marked “dead”, “migrated” or “duplicate”.
3. Give the list wide publicity through leading newspapers, Doordarshan, and radio broadcasts.
4. Share public notices via the social media accounts of District Electoral Officers.
5. Display booth-wise lists at panchayat offices, with reasons for deletion, so even those without internet access can check. The notices will also inform voters that they may file claims along with their Aadhaar card to seek inclusion.
Justice Kant told the ECI to ensure the notices are in “layman-friendly language” and to collate compliance reports from every district. The Bench will review the progress on August 22 at 2 PM.
The directions came amid arguments from petitioners, including RJD MP Manoj Kumar Jha, questioning the rationale behind the 1 January 2003 cut-off date for voter verification and the alleged discriminatory treatment of EPIC cards issued during summary revisions.
Senior Advocate Rakesh Dwivedi, appearing for the ECI, defended the SIR as a lawful exercise under Articles 324 and 327 of the Constitution and relevant provisions of the Representation of the People Act, while agreeing to the transparency measures suggested by the Court.
Yesterday, 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 14, 2025
Bench: Justice Surya Kant and Justice Joymalya Bagchi