Supreme Court Upholds ECI Authority, Sets October 7 Hearing on Bihar Voter Roll Revision
Supreme Court presumed ECI acted within law during Bihar SIR, rejected piecemeal opinions, and set October 7 for final arguments while Aadhaar debate continues
SC scrutinized allegations of procedural lapses and statutory inconsistencies, but largely upheld ECI’s discretion in conducting the exercise
The Supreme Court today assumed that the Election Commission of India, as a constitutional authority, was following the law in conducting the Special Intensive Revision (SIR) of Bihar’s electoral rolls and warned that any illegality would render the exercise void.
The Bench of Justice Surya Kant and Justice Joymalya Bagchi fixed October 7 for final arguments on the validity of the Bihar SIR, refusing to entertain piecemeal opinions on the process.
The Court scrutinized allegations of procedural lapses and statutory inconsistencies, but largely upheld ECI’s discretion in conducting the exercise.
Advocate Ashwini Kumar Upadhyay, advocating for a pan-India SIR, contended that Aadhaar is not proof of age or residence and cannot be equated with the 11 documents indicative under the law.
Justice Bagchi asked whether Aadhaar is recognized in electoral law, to which Upadhyay sought modification of the Supreme Court’s earlier order.
Senior Advocate Gopal Sankaranarayanan countered Upadhyay, citing Section 23(4) of the Representation of the People Act, which provides for Aadhaar’s use in electoral rolls.
Justice Kant observed that the ECI is fully capable of distinguishing between Indian citizens and foreign infiltrators, underscoring the Commission’s authority in managing the voter roll exercise.
Sankaranarayanan and Advocate Prashant Bhushan, raised concerns about transparency, including partial publication of objections and potential exclusion of eligible voters.
The Court directed the ECI to continue publishing statistics and objections in the public domain, noting that exclusions could be assumed only for absence of valid documentation. It scheduled further hearings on 7th and 8th October, directing parties to prepare summaries of arguments.
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.
Case Title: Association for Democratic Reforms & Ors v. Election Commission of India & Anr.
Mentioning Date: September 15, 2025
Bench: Justice Surya Kant and Justice Joymalya Bagchi