New Delhi [India], July 10: The Supreme Court on Thursday permitted the Election Commission of India (ECI) to proceed with its Special Intensive Revision (SIR) of electoral rolls in poll-bound Bihar, while urging the inclusion of widely held documents like Aadhaar, ration cards, and voter ID cards as valid identity proofs during the process.
A bench comprising Justices Sudhanshu Dhulia and Joymalya Bagchi refrained from staying the revision process but directed the ECI to consider accepting these documents and to provide reasons in writing if it decides otherwise, to address the concerns of petitioners.
“We are of the prima facie opinion that in the interest of justice, the Election Commission should include Aadhaar, Ration Card, and Voter ID as acceptable documents. If not, the ECI must explain its decision adequately,” the court stated.
The bench noted the limited timeframe for the revision exercise, as Bihar elections are due in November, and scheduled the next hearing for July 28, instructing the ECI to submit its affidavit within one week.
Key Points from the Hearing:
- The court identified three core issues:
a) ECI’s authority to conduct the SIR,
b) The procedure and transparency in exercising that power, and
c) The short timeline for implementing such a critical revision. - The petitioners, including RJD MP Manoj Jha, ADR, PUCL, activist Yogendra Yadav, TMC MP Mahua Moitra, and former MLA Mujahid Alam, challenged the ECI’s June 24 directive that mandates voters in Bihar to submit proof of citizenship to remain on the electoral rolls.
- Petitioners claimed the move was an unconstitutional exercise in citizenship screening, which shifts the burden of proof to the citizen and risks disenfranchising marginalised voters, especially in rural areas.
Senior advocate Abhishek Manu Singhvi, representing the petitioners, criticized the exclusion of Aadhaar, saying, “The entire country is going mad over Aadhaar, and now the ECI says it won’t accept it. This move is unacceptable.”
Representing the ECI, senior advocate Rakesh Dwivedi defended the exercise, stating that the Commission is constitutionally empowered and has no intention to exclude anyone unlawfully. He explained that Aadhaar is not proof of citizenship, but can be used during the claims and objections stage if a voter’s identity is challenged.
He added, “We cannot discriminate based on religion, caste, or any such parameter. Our goal is a fair and accurate electoral roll.”
The matter has triggered a national debate on voter verification methods and the balance between electoral integrity and citizen rights ahead of Bihar’s upcoming elections.