Introduction
The Supreme Court of India has allowed the Election Commission of India (ECI) to proceed with its Special Intensive Revision (SIR) of electoral rolls in Bihar, which is up for assembly elections. Various petitioners, including those who alleged arbitrariness in the process, went to the Supreme Court, claiming that unless safeguards were put in place, the process would result in arbitrary disenfranchisement, particularly of marginalised groups. However, the Court has expressed concern regarding the timing of the exercise and lack of necessary identification such as Aadhaar. The matter created fears of disenfranchisement and procedural justice, warranting legal scrutiny and debate.
Background
The Election Commission of India launched a Special Intensive Revision of electoral rolls in Bihar prior to the state’s upcoming Assembly elections. The exercise is intended to freshen up and verify voter rolls, which would rectify discrepancies regarding ineligible voters being enrolled or eligible ones excluded.
One of the primary issues is the ECI’s exclusion of Aadhaar from the list of acceptable identity documents to be employed for the SIR. The reason provided by the ECI is that Aadhaar is not a document that establishes citizenship and should not be the sole basis in the electoral revision process.
Key Points
The Supreme Court noted that revision of electoral rolls falls within the constitutional remit of the ECI. But the timing of SIR was in doubt as it is restricted to Bihar and seems tightly linked with the elections around the corner. The Court pointed out that if the actual intent is to check citizenship, the ECI should have done this exercise in the past and throughout the country. It observed that matters about citizenship come under the Ministry of Home Affairs (MHA) and not the Election Commission. The Court advised that, in the interest of justice, identification documents such as Aadhaar, Ration Card, and Voter ID could be kept on the list after revision. Petitioners contended that deletion of Aadhaar may lead to mass disenfranchisement. The ECI responded by stating that while Aadhaar is being collected under certain provisions, it cannot be used as a qualification criterion for voters.
Recent Development
A number of cases contesting the validity and process of the ECI’s SIR in Bihar were urgently listed by the Supreme Court on Monday. Although it requested more prudence and inclusivity, the Court permitted the ECI to move forward with the exercise.It directed the ECI to file a counter-affidavit within one week, and allowed petitioners to file a rejoinder before the next hearing scheduled for July 28, 2025.
It was also observed that: The proposed revised rolls will be released in August. Electors, including temporarily migrated voters, can fill out pre-filled enumeration forms from the official website and send them to their Booth Level Officer (BLO) by July 25.
Conclusion
Even though the Supreme Court has not stopped the SIR in Bihar, it has remained vigilant about the issue, showing the importance of transparency, procedural fairness, and constitutional balance. The Court’s concerns about potential disenfranchisement and the narrow focus of the ECI’s verification efforts underline the importance of inclusive electoral processes.
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WRITTEN BY AYUSHI TRIVEDI
