SC Clears ECI’s Special Voter Roll Revision in Bihar, Says Aadhaar, Ration Card Must Be Considered
The Supreme Court on Thursday 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 Bench of Justice Sudhanshu Dhulia and Justice Joymalya Bagchi was hearing a batch of petitions challenging the ECI’s June 24, 2025 order mandating a Special Intensive Revision in Bihar ahead of the Assembly elections later this year.
The petitioners contended that the exercise violated fundamental rights under Articles 14, 21, 324, 325, and 326 of the Constitution, and would disenfranchise genuine voters.
The Court identified three central issues in the challenge:
1. Whether the ECI has the power to conduct a Special Intensive Revision;
2. The legality of the procedure adopted; and
3. The timing of the revision so close to the Bihar polls.
Senior Advocate Rakesh Dwivedi, appearing for the ECI, argued that the last intensive revision took place in 2003, and that a fresh revision was justified under Article 326 and Section 21(3) of the Representation of the People Act.
While the petitioners sought a stay on the process, they did not press for interim relief at this stage since the draft roll is scheduled to be published only on August 1.
The Court, noting the urgency, listed the matter for detailed hearing on July 28.
The Court also directed the ECI to file its counter affidavit within a week, with rejoinders, if any, to be submitted before the next hearing.
On the scope of documents to be accepted, the Court noted Dwivedi’s submission that the ECI’s list of 11 documents is not exhaustive. Accordingly, the Bench directed that Aadhaar cards, Voter ID cards, and ration cards should also be considered in the verification process.
However, Justice Dhulia clarified that the Court was not mandating the acceptance of these documents, leaving it open for the ECI to record valid reasons for excluding any document.
“In our prima facie view, in the interest of justice, the Election Commission should also consider these documents during the revision process,” the Court observed.
Notably, during the pre-lunch hearing, Senior Advocates Gopal Sankaranarayanan, Kapil Sibal, and Abhishek Manu Singhvi led arguments for various petitioners including the Association for Protection of Civil Rights (ACPCR), PUCL, and RJD leader Manoj Jha.
Opening arguments, Sankaranarayanan explained that the Representation of People Act and the Rules permit only two types of voter list revisions; Summary and Intensive, but the ECI had suddenly introduced a “Special Intensive Revision” with no legal backing. “Everyone in Bihar, 7.9 crore people are now being subjected to this,” he argued.
He further contended that the process only accepts 11 documents for proof of citizenship, excluding Aadhaar and voter ID. “Even if you’ve voted in five elections, they won’t presume you’re a citizen unless you file a fresh form. If you don’t, you’ll be deleted from the roll,” Sankaranarayanan submitted.
Case Title: Association for Democratic Reforms & Ors. v. Election Commission of India