Supreme Court Declines Stay on Bihar Draft Electoral Rolls, Final Hearing to Be Scheduled
In a key development ahead of the upcoming elections in Bihar, the Supreme Court on Monday declined to stay the publication of the draft electoral rolls, stating that it will decide the pleas challenging the Election Commission’s Special Intensive Revision (SIR) of electoral rolls once and for all.
A bench comprising Justices Surya Kant and Joymalya Bagchi said that the final hearing schedule will be fixed on July 29.
Appearing for a petitioner NGO, senior advocate Gopal Sankaranarayanan urged the court to put an interim hold on the publication of the draft rolls, warning of potential disenfranchisement. However, the court noted that petitioners had not sought interim relief in their previous plea, and thus, no such order could be passed now.
The court allowed the Election Commission (EC) to proceed with the SIR exercise and emphasized that both Aadhaar and voter ID cards should continue to be accepted as valid identification, saying they carry a “presumption of genuineness”.
It reiterated a prior order that Aadhaar and voter IDs are legitimate and should be accepted for verification purposes.
Concerns of Mass Exclusion
The top court emphasized that the approach should focus on “en masse inclusion” rather than “en masse exclusion.”
Justice Surya Kant underscored the importance of ensuring that genuine voters are not left out, even if document verification poses certain challenges.
Responding to arguments made by senior advocate Rakesh Dwivedi, representing the EC, that Aadhaar is not proof of citizenship and voter cards are not sufficient during revision processes, the court said that “any document on earth can be forged”, and such issues should be addressed on a case-by-case basis, not by blanket exclusion.
Justice Bagchi also questioned the EC’s logic, asking why someone submitting only an Aadhaar card could not be considered, especially when none of the 11 documents mentioned for the SIR are conclusive on their own.
Petitioners Raise Alarming Concerns
The petitioners have raised serious questions about the timing, legality, and impact of the SIR process, especially in a poll-bound state like Bihar.
They allege the revision exercise lacks transparency and could result in the disenfranchisement of nearly 94 lakh voters, predominantly from vulnerable communities — including Muslims, Dalits, and migrant workers.
They argue that this is the first time that long-time voters are being asked to prove their eligibility, and failure to do so could lead to the deletion of their names from the rolls.
Another key concern is that common documents like Aadhaar and ration cards, which were accepted during the 2024 General Elections, are being downplayed now.
The petitioners emphasize that in a state like Bihar — marked by high poverty, illiteracy, and migration — documents such as passports, birth certificates, or matriculation certificates are not readily available to large sections of the population.
They contend that the burden of proof has unfairly shifted from the state to individual citizens — a move that could leave millions voiceless in the democratic process.
The Supreme Court has now made it clear that it will fully adjudicate the matter, aiming for a definitive judgment. In the meantime, the publication of the draft rolls will proceed, and the EC must continue accepting Aadhaar and voter ID cards as valid identification for the revision process.
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