The Supreme Court of India on July 10 asked the Election Commission some pointed questions regarding the ongoing special intensive revision (SIR) of electoral rolls in poll-bound Bihar.
The SC bench, comprising Justices Sudhanshu Dhulia and Joymalya Bagchi, heard the batch of petitions challenging the controversial exercise that began in a poll-bound state on June 25.
The Court asked the poll panel about the timing of this exercise, which began months ahead of the assembly polls in Bihar. The Court asked the poll panel why it had linked this exercise to the 2025 Bihar election.
Petitioners flagged this, saying that a voter list revision can take place anytime instead of months ahead of assembly polls.
‘That’s why the question is why you are making this exercise relatable to an election coming in November. If it is an exercise that can be independent of the election for the whole of the country,” Justice Bagchi asked Senior Advocate Rakesh Dwivedi, who is appearing for the poll panel.
‘Serious doubts over the EC’s ability’
During the hearing, the court observed that the problem was with the timing and said it had ‘serious doubts’ over the EC’s ability to complete the drive without excluding genuine voters and allowing individuals the right to appeal in poll year.
“Your exercise is not the problem… it is the timing. We have serious doubts if you can manage this exercise. With such a big population (an estimated eight crore people) being subject to this ‘intensive review’, is it possible to link this to the forthcoming election?” the court asked.
The argument began with Justice Dhulia informing Dwivedi that there was no question that this issue is an important and goes through the very root of democracy.
“The right to vote. They are challenging not only the powers of the election commission to do it, challenging the procedure and the timing,” Justice Dhulia was quoted as saying by legal news website LiveLaw.
Dwivedi responded, saying the ECI prepares the electoral roll, controls it, and supervises it. “With the passage of time, it needs revision. The only question that can be is regarding the manner of exercise of the power,” he said.
SIR Timing questioned
Justice Dhulia responded, saying that the petitioners say that the EC has undertaken a special intensive revision that is not in the book. “And what you are questioning now is citizenship,” Justice Dhulia said.
Dwivedi said in response that the Election Commission is one constitutional body which is in direct relationship with the elector. “It cannot and does not have any intent whatsoever to exclude anybody from the voter list unless and until the hands of the commission are compelled by the provision of law itself,” he said.
Dwivedi argued that nobody can have a quarrel over “why you are purifying the electoral roll.” Justice Bagchi responded, asking why the Election Commission was making this exercise relatable to an election coming in November.
Political Storm
The poll panel’s exercise triggered a political storm. The opposition Congress has dubbed it ‘a rigging attempt’ orchestrated by the Election Commission under instructions from the ruling regime.
At least ten petitions by political parties, individuals, and civil society groups were filed in the Supreme Court against what those opposing it call a ‘blatantly unconstitutional’ exercise.
The bench also observed that if the objective of the SIR is to verify citizenship, then the Commission should have acted earlier, suggesting that the process now appears ‘a bit late.’
Dwivedi informed the bench that the exercise is constitutionally mandated under Article 326, which stipulates that only Indian citizens can be enrolled as voters. He said that verifying citizenship is essential to maintaining the integrity of the electoral roll.
Questions on Aadhaar Card Exclusion
The Court also asked why Aadhaar cards are being excluded as valid documents during the verification process. “Why is Aadhaar not being accepted?” the bench questioned.
The EC maintained that the current revision is in line with constitutional provisions and that a similar SIR was last conducted in 2003.
The questions of citizenship and Aadhaar as proof came up after senior advocate Gopal Sankaranarayanan, appearing for petitions, pointed out that even though Aadhaar is an acceptable document as per the Representation of Peoples Act, the poll panel is not considering it valid for the Bihar SIR
Dwivedi, however, told the court that“Aadhar Card cannot be used as proof of citizenship.”
To this Justice Sudhanshu Dhulia said, “citizenship is an issue to be determined not by the Election Commission of India, but by the MHA.”
Eventually, the Supreme Court allowed the Election Commission of India to continue with its Special Intensive Revision (SIR) of electoral rolls in Bihar. The top court, however, asked the poll panel to consider using the Aadhaar card, the Election card, and the ration card as valid documents for voter identification.
Your exercise is not the problem… it is the timing. We have serious doubts if you can manage this exercise.
The top court has agreed to examine the petitions on July 28 again raising objections to the timing and manner of SIR. The court granted the Election Commission time to file its response by July 21.
(With inputs from LiveLaw and agencies)