Supreme Court Upholds ECI Authority, Sets October 7 Hearing on Bihar Voter Roll Revision

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 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. The Court had also requested the Bihar Legal Services Authority (BLSA) to deploy paralegal volunteers to assist voters and political parties in filing claims and objections online, and to confidentially report to the District & Sessions Judges, with data collated at the State level. 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. Advocate Prashant Bhushan mentioned the matter, requesting a one-week extension of the current September 1 deadline. Bhushan had informed the Court that two other political parties had also moved similar applications.

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, this week, 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 Interlocutory Application 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.

Mentioning Date: September 15, 2025

Bench: Justice Surya Kant and Justice Joymalya Bagchi

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