Bihar SIR: Supreme Court Directs Legal Services Authority to Assist 3.7 Lakh Allegedly Excluded Voters in Filing Appeals

The Supreme Court on Thursday directed the Bihar State Legal Services Authority (SLSA) to ensure immediate assistance to all individuals reportedly excluded from Bihar’s final voter rolls during the Election Commission’s “Special Intensive Revision,” ahead of the Assembly elections.

The Bench of Justices Surya Kant and Joymalya Bagchi passed the interim order while hearing a batch of pleas filed by the Association for Democratic Reforms (ADR) and others challenging the Election Commission’s ongoing revision process.

Senior Advocates Rakesh Dwivedi and Maninder Singh appeared for the Election Commission of India (ECI), while Advocate Prashant Bhushan represented ADR.

During the hearing, Dwivedi refuted the allegation that large numbers of names were deleted without notice. He submitted that the affidavits relied upon by the petitioners were inaccurate, stating that several individuals cited as “deleted” were never part of the draft list because they hadn’t submitted their enumeration forms.

Justice Surya Kant observed that the Court’s concern was to protect the appeal rights of genuine voters rather than entertain generalised claims. Dwivedi urged the Court to permit appeals to be filed within five days before the revision window closes.

Prashant Bhushan, however, argued that the Election Commission had deviated from its own Standard Operating Procedures (SOPs). “Earlier, BLOs went door-to-door to verify residents. Now, people are being excluded arbitrarily. Even access to computerized voter data remains limited,” he submitted.

Amid the exchange, Justice Kant clarified that the Legal Services Authority can play a crucial role in assisting affected individuals.

Passing interim directions, the Court ordered the Executive Chairman of the Bihar SLSA to direct all District Legal Services Authorities (DLSAs) to deploy paralegal volunteers and legal aid counsels to help excluded persons file appeals. The DLSAs must publicize contact details of these volunteers across villages, coordinate with Booth Level Officers (BLOs), and ensure that all eligible citizens are informed of their rights.

The SLSA has been asked to file a status report within a week.

Earlier, this week, the ECI had told the Court that the voter roll revision in Bihar had followed due process and that no genuine voter had complained; only Delhi-based NGOs had raised objections through data analysis Previously, on September 15, the Court had assumed that the ECI, 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.

On September 8, the Court had clarified that Aadhaar cards issued under the Aadhaar Act, 2016, shall be accepted as the 12th document for establishing identity in the revised electoral rolls of Bihar ahead of the Assembly elections.

Pertinently, on September 1, the Bench had made it clear that the Election Commission of India (ECI) has already provided sufficient safeguards and stressed that claims and objections can continue to be filed even after the statutory deadline of September 1. It had also reiterated that Aadhaar cannot serve as a standalone proof of citizenship, cautioning political parties against attempts to elevate its legal status beyond what is stipulated under law.

On August 29, the Bench had agreed to hear 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. 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. It 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.

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, 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 IA 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. Notably, on July 29, the Court had 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. 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.

Hearing Date: October 9, 2025

Bench: Justice Surya Kant and Justice Joymalya Bagchi

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