Supreme Court Asks ECI To Consider Aadhaar, Voter ID & Ration Cards For Bihar Electoral Roll Revision; Says Timelines Are Short

The Supreme Court on Thursday (July 10) told the Election Commission of India to consider Aadhaar card, voter ID card and ration card also as acceptable documents for the "Special Intensive Revision" of electoral rolls in Bihar.The Court also recorded the ECI's submission that the list of eleven documents specified by it in its June 24 order as acceptable documents to show citizenship was not exhaustive and was illustrative.Taking note of this, the Court observed in its order :"Therefore, in our prima facie view, since the list is not exhaustive, in our opinion, it will be in the interest of justice, the ECI will also consider the Aadhaar card, Electoral Photo Identity Card issued by the Election Commission and the ration card." The Court verbally clarified that it was not a direction to the ECI to include anyone's name in the roll solely on the basis of these documents, and it has the discretion to accept or reject them. "We have noted that anyway you have said your list is not exhaustive. If you have good reason to discard Aadhar you do it, give reasons," Justice Dhulia said.A partial working days bench of Justice Sudhanshu Dhulia and Justice Joymalya Bagchi listed the batch of petitions challenging the ECI's decision for further hearing on July 28, 2025. The ECI has been asked to file the counter-affidavit by July 21.The Court recorded that the petitioners were not pressing for any interim relief at this stage as the next hearing is before the scheduled date(August 1) of publication of the draft electoral roll.Petitions raise important question : CourtThe Court observed that the petitions raised "an important question which goes to the very root of the functioning of the democracy in the country- the right to vote.""We are of the prima facie opinion that three issues are involved in this case : (a) The very powers of the Election Commission to undertake the exercise; (b), The procedure and the manner in which the exercise is being undertaken, and (c) The timing, including the timings given for the preparation of draft electoral roll, asking objections and making the final electoral roll etc, which are very short, considering the fact that the Bihar elections are due in November 2025 and notifications for this elections will come in advance weeks earlier" the bench observed in the order.Court room exchangeSenior Advocate Gopal Sankaranarayan, for the ADR, gave the bench the background of the issue. He said that the Representation of the People Act provides for an "intensive revision" and a "summary revision". An intensive revision is a de novo revision of the electoral rolls, effacing the existing roll, whereas a summary revision is just an updation of an existing roll. He said that it is for the first time in the history of India that the Election Commission of India is attempting a "Special Intensive Revision(SIR)" of an electoral roll in a State. SIR is not recognized in the Act or the Rules. As per the ECI's order dated June 24, they are doing an SIR of the persons who got enrolled after 2003. They have given a specific deadline and have mentioned 11 documents which are only acceptable to show citizenship. "Shockingly, in these documents, Aadhaar or Voter ID card are not included," he added.He said that summary revision of the rolls have been taking place in Bihar regularly, even as on January 2025, and hence, there is no basis for the present SIR. He referred to judgments which hold that once you are included in the roll, there is a presumption of citizenship.At this juncture, Justice Dhulia observed that the ECI was doing something which was permissible. "They are doing what is provided in the constitution right? So you can't say that they are doing what they are not supposed to?"Disagreeing, Sankaranarayan submitted that as per the Act, for an intensive revision, they have to go to every house. However, for the SIR, they have taken an "arbitrary cut-off of 2003". "They have created an artificial distinction which the Act does not permit," he said."But there is a practicality also involved. They have fixed the date, because it was the first time after computerisation. So there is a logic behind what they have done. You can demolish that logic, but you cannot say there is no logic at all," Justice Dhulia said regarding the 2003 cut-off."As per Section 21(RP Act), ECI has the power to do so. You are not challenging the power of the ECI. You are challenging the manner of exercise of the power," Justice Dhulia observed. Sankaranarayanan agreed, saying that the petitioners are questioning the manner of exercise of the power.Justice Bagchi at this point weighed in, referring to Section 21(3), which vests with ECI the power for a special revision. Justice Bagchi pointed out that Section 21(3) does not mandate that the ECI must do the revision in the "prescribed manner", and instead, it gave discretion to the ECI to carry it out "in such manner as it may think fit."The counsel submitted that the discretion ...

Supreme Court Asks ECI To Consider Aadhaar, Voter ID & Ration Cards For Bihar Electoral Roll Revision; Says Timelines Are Short

Amisha Shrivastava

The Court observed that the timelines for the SIR seemed very short, given that the Bihar elections are due in November.

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