Bihar SIR: Supreme Court Fixes it for hearing on Nov 11 After Urgent Mentioning

The Supreme Court on Friday listed the Bihar SIR matter for hearing on November 11 at 11 AM after Advocate Prashant Bhushan sought urgent listing, citing concerns over the Election Commission of India’s (ECI) refusal to accept Aadhaar cards for voter verification.

The Bench led by Justice Surya Kant initially expressed difficulty in taking up the matter on Monday, November 10.

However, after submissions from Bhushan and Senior Advocate Kapil Sibal, the Court agreed to hear the case on Tuesday.

“This is very urgent. It goes to the very root of our democracy,” Bhushan told the Bench, pointing out that the SIR process had already begun and was expanding beyond Bihar to other parts of the country.

Bhushan argued that the ECI’s decision to not accept Aadhaar cards, despite earlier assurances, was creating obstacles in the verification process. Senior Advocate Kapil Sibal, appearing for a Member of Parliament from West Bengal, informed the Court that a separate application had also been filed on behalf of his client.

Taking note of the submissions, Justice Kant said the Bench would take up the matter on November 11 at 11 AM.

Past Hearings

On October 9, the Court had 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 SIR ahead of the Assembly elections. Previously, 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 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.

Earlier, the ECI had strongly defending the exercise as lawful, necessary and in public interest.

An IA had been filed by ADR on August 8, in the ongoing case concerning the SIR 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 ECI.

Recently, ADR told the Supreme Court of India that ECI has given no valid reason for exclusion of Aadhar, EPIC and Ration Card from the list of documents which can be submitted during the SIR of Electoral Rolls.

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. 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.

Case Title: Association for Democratic Reforms & Ors v. Election Commission of India & Anr.

Mentioning Date: November 7, 2025

Bench: Justice Surya Kant and Justice Joymalya Bagchi

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