Elections in Bihar: Real-Time Updates from Supreme Court Electoral Roll Revision Case
The Supreme Court of India is currently hearing a batch of petitions challenging the Election Commission of India's (ECI) June 24 directive for a Special Intensive Revision (SIR) of electoral rolls in Bihar.
During the hearing, led by a Bench of Justices Surya Kant and Joymalya Bagchi, the Court expressed its view that the SIR process, despite the exclusion of certain documents like Aadhaar cards, Electoral Photo Identity Cards (EPIC), and ration cards, is a voter-friendly measure due to the increased number of acceptable identity documents required for verification.
The ECI has argued that these documents lack legal sanctity for confirming citizenship. Aadhaar is considered only an identity document, not proof of citizenship. EPICs are based on existing electoral rolls and do not independently prove nationality. Ration cards are excluded due to fraud risks.
However, the Court has directed the ECI to publish details of any deleted names from the roll on official websites and ensure wide publicity to maintain transparency during the SIR process.
The petitioners have raised concerns about the limited document coverage in Bihar, such as the low prevalence of passports among electors. However, the Court maintained that the broader list of 11 documents overall increases electoral inclusion compared to the earlier list of 7.
The ECI has defended its directive, asserting that it is empowered to undertake such an exercise under Article 324 of the Constitution and Section 21(3) of the Representation of the People Act, 1950. The Commission has further submitted that the SIR is crucial to ensure that only eligible citizens are included in the electoral rolls ahead of the upcoming Bihar Assembly elections.
In response to a request by Senior Advocate Dr AM Singhvi, the Court was asked to refer to the Lal Babu judgment. The ECI responded by stating that there was no legal requirement for it to disclose reasons for publishing a separate list of excluded voters.
The Association for Democratic Reforms (ADR) filed an interim application urging the Court to direct the ECI to disclose details of 65 lakh names recently dropped from a Bihar electoral roll. The ECI has maintained that no name will be struck off from Bihar's draft electoral roll without prior notice, an opportunity to be heard, and a reasoned order from the competent authority.
The Court also remarked that the ECI was right in stating that an Aadhaar card is not conclusive proof of citizenship. It urged the Election Commission to consider Aadhaar, ration card, and EPIC card as admissible documents for the verification exercise.
This reflects a judicial balancing of enrollment integrity and broad voter inclusion in the Bihar electoral roll revision.
| Aspect | Details | |--------------------------------|-----------------------------------------------------------------------------------------------| | Supreme Court's view | Supports SIR as voter-friendly and more inclusive despite Aadhaar exclusion | | Excluded documents | Aadhaar card, EPIC (voter ID card), ration card excluded from citizenship proof | | Accepted documents | 11 different identity documents accepted (specific list partially disclosed) | | Reason for exclusion of Aadhaar | Considered only identity, no citizenship proof; similarly for EPIC and ration card | | Petitioners' concerns | Limited document coverage, exclusion risks disenfranchisement | | Court's transparency directive | ECI must publish deletions and widely publicize information |
Live updates from the hearing today are available here.
- The ongoing discussion before the Supreme Court concerning the Election Commission of India's (ECI) Special Intensive Revision (SIR) of electoral rolls in Bihar involves discussions about policy-and-legislation, as the ECI defends its directive under Article 324 of the Constitution and Section 21(3) of the Representation of the People Act, 1950.
- Politics and general-news are also involved in this hearing, as the petitioners raise concerns about the limited document coverage in Bihar and the impact it may have on voter inclusion, while the Court maintains a balance between enrollment integrity and broad voter inclusion.
