SC questions EC's timing, Aadhaar exclusion in Bihar voter list case

Observing that the last such revision was carried out in 2003, the bench said the exercise is constitutionally mandated but criticised the timing

The Supreme Court on Thursday raised concerns over the Election Commission of India’s (ECI) decision to initiate a Special Intensive Revision (SIR) of the electoral roll in Bihar just months before the state’s assembly elections. It also questioned the exclusion of Aadhaar data from the revision process, according to a report by The Economic Times.

 

A partial working day bench comprising Justices Sudhanshu Dhulia and Joymalya Bagchi was hearing a batch of petitions challenging the EC’s move. Senior advocate Rakesh Dwivedi, representing the ECI, raised preliminary objections over the maintainability of the pleas. 

 

What did the court say about timing and citizenship checks?

 

The bench noted that the last such special revision had been conducted in 2003 and acknowledged the constitutional necessity of updating electoral rolls. However, it criticised the timing of the exercise.

 

“If you are to check citizenship under SIR of electoral rolls in Bihar, then you should have acted early; it is a bit late,” the bench observed.

 

The judges also questioned the ECI’s jurisdiction to assess citizenship, stating, “Why are you getting into the citizenship issue in the special revision of electoral rolls in Bihar? It is the domain of the Ministry of Home Affairs (MHA).”

 

Why is the revision linked to elections, SC asks EC

 

The bench further questioned the rationale for linking the revision with the upcoming polls. “Why are you connecting the Special Intensive Revision to the forthcoming elections? Why can’t it be irrespective of elections?” the court asked. “A detailed review and updating was completed in January 2025. Why not go by that?” it added. 

 

EC defends exercise as routine and not linked to elections

 

In response, the EC said the exercise was not tied to any specific election. “This is not relatable to elections, but it is an exercise which will be carried out in all states,” the poll panel said. It also said that all individuals whose names are proposed to be deleted from the rolls would be given a chance to be heard.

 

The EC has maintained that the SIR is a routine, legally mandated process conducted ahead of every election. The exercise, it said, is part of a wider campaign to identify and remove foreign illegal migrants from voter rolls across six states, beginning with Bihar.

 

Who is opposing the SIR and what are their demands?

 

More than 10 petitions have been filed challenging the ECI’s decision, including one by the NGO Association for Democratic Reforms (ADR). Prominent Opposition leaders—RJD MP Manoj Jha, Trinamool Congress MP Mahua Moitra, Congress’ K C Venugopal, NCP (SP)’s Supriya Sule, CPI’s D Raja, Samajwadi Party’s Harinder Singh Malik, Shiv Sena (UBT)’s Arvind Sawant, JMM’s Sarfraz Ahmed, and CPI (ML)’s Dipankar Bhattacharya—have also approached the apex court.

 

The petitioners have urged the court to quash the SIR drive, citing concerns about its legality, timing, and the potential for disenfranchisement. 

 

Opposition protests take to the streets in Bihar

 

The INDIA bloc has also taken its protest against the Election Commission to the streets. On Wednesday, Congress leader Rahul Gandhi joined RJD’s Tejashwi Yadav in a chakka jam in Bihar, opposing the poll panel’s Special Intensive Revision of the electoral rolls just months ahead of the upcoming assembly elections.

 

Addressing the gathering, Rahul Gandhi alleged that the Election Commission was attempting in Bihar what it had earlier done in Maharashtra.

 

The matter is scheduled for further hearing in the coming days.