Bihar SIR: Produce even 15 excluded living persons from rolls & we will step in, Supreme Court says
The Supreme Court on Tuesday said it will closely monitor the ongoing Bihar Electoral Rolls, provided the petitioners are able to produce even 15 persons who have been excluded from the rolls.
Justice Bagchi observed that had the SIR not taken place, the electoral rolls as of January 2025 would have been the base list.
“Now that the ECI is publishing a revised draft, your concern is that about 65 lakh voters might be missing. We are monitoring this as a judicial authority. If there is mass exclusion, we will step in. Just bring 15 living people who have been left out,” Justice Bagchi told the petitioners.
The Court also said that there are allegations of mass exclusion of voters in Bihar and that it is imperative for inclusion of as many voters as possible to subsist.
The top court was hearing pleas challenging the Election Commission’s ongoing “Special Intensive Revision” (SIR) of the electoral rolls in the state, for elections scheduled in the state later this year.
The Bench of Justice Surya Kant and Justice Joymalya Bagchi fixed the matter for final hearing on August 12 and 13, noting the urgency and gravity of the issues involved.
Senior Advocates Kapil Sibal, Gopal Sankaranarayanan, and Advocate Prashant Bhushan appeared for the petitioners -Association for Democratic Reforms, Yogendra Singh Yadav, Manoj Jha, Mahua Moitra, People’s Union for Civil Liberties.
The Election Commission of India (ECI) was represented by Senior Advocate Rakesh Dwivedi.
Raising strong objections to the ongoing revision, Sibal submitted, “We don’t even know who has been excluded. Has the ECI given us a list?”
When the ECI said the list was available online, Sibal argued, “What website? You give us the list.”
Bhushan argued that the ECI’s own press release acknowledged that nearly 65 lakh people were being presumed either dead or permanently shifted. “They haven't even submitted forms,” he said. “If someone isn’t on the draft list, how will they know? They’ll have to reapply from scratch," Bhushan contended.
Justice Kant added, “The Election Commission is a constitutional body. We presume their actions are in accordance with the law. But we are here, and we will hear this.”
The Bench also asked political parties to function like NGOs and assist in including genuine names. “If the draft list is conspicuously silent, bring it to our notice,” Justice Kant said.
On the issue of scheduling, Justice Kant initially proposed a three-hour time slot but later agreed to dedicate one full day each to the petitioners and the ECI, stating that repetition by multiple counsel would be avoided for efficiency. An intervention application filed by the State of West Bengal was also noted.
Sr. Adv. Dwivedi submitted that by mid-September, the full picture of inclusions and exclusions would become clear once objections were processed. Sankaranarayanan, however, said the draft list to be released on August 1 would be the most relevant “snapshot.”
The Court passed a formal order fixing the hearing on August 12 and 13, and clarified that the counter-affidavit filed in the lead case would be read into all connected matters. The ECI and other official respondents are not required to file separate counters. All parties were directed to strictly follow Registry guidelines dated April 3, 2024.
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 vs. Election Commission of India & Anr.
Hearing Date: July 29, 2025
Bench: Justice Surya Kant and Justice Joymalya Bagchi