Supreme Court Questions Election Commission Over Bihar Voter Roll Revision: Aadhaar, Citizenship & Timing in Focus

The Supreme Court of India raised pointed concerns over the Election Commission of India (ECI)'s ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar, just months before the 2025 assembly elections. The top court's queries centered around the exclusion of Aadhaar as valid proof, the timing of the exercise, and the poll body's role in verifying citizenship.

The Supreme Court heard a batch of petitions challenging the revision of electoral rolls.

Bench Asks: “Why Now and Why No Aadhaar?”

During the hearing of multiple petitions challenging the SIR, the bench led by Justices Sudhanshu Dhulia and Joymalya Bagchi questioned why the revision exercise is being undertaken so close to the state elections in October–November 2025.

“Why tie this revision process to the election timeline? Shouldn’t it happen independent of political schedules?” the bench asked.

One of the court’s most pointed questions was the exclusion of Aadhaar from accepted documentation. When pressed, the ECI's counsel responded, stating “Aadhaar is not proof of citizenship.”

Justice Dhulia also noted that verifying citizenship status is not the responsibility of the ECI, but rather that of the Ministry of Home Affairs (MHA).

Petitions Challenge the Legal Basis of SIR

The hearing follows 10 petitions, including those filed by TMC MP Mahua Moitra and civil society groups like the Association for Democratic Reforms (ADR). The petitioners claim the revision is arbitrary, lacks legal backing, and risks disenfranchising lakhs of voters—especially the poor and migrant populations in Bihar.

They argue that the SIR places an unfair burden on ordinary citizens to prove their citizenship, and that requiring documentation not always readily available could result in many being wrongfully removed from the electoral roll.

Senior Advocate Gopal Sankaranarayanan, representing the petitioners, cited provisions from the Representation of the People Act to assert that while revision is permissible, the timing and method used here are flawed.

EC Defends Its Actions, Cites Constitutional Mandate

In defense, the Election Commission said the SIR is being conducted as per constitutional obligations, with the last such exercise carried out in 2003. The poll body claimed it's necessary to ensure electoral accuracy, and that names of ineligible individuals should be removed from the rolls.

However, the Supreme Court raised three key concerns:

1. Authority – Does the EC have the power to conduct this kind of intensive revision?

2. Process – What procedures and documents are being required, and why exclude Aadhaar?

3. Timing – Why now, when elections are imminent?

The court reiterated that while cleansing the voter list is not wrong, launching such a drive right before elections could lead to exclusion without adequate time for appeal.

Opposition Voices Allege Voter Suppression

Political backlash has been swift. Leaders from Congress, RJD, and other Opposition parties claim that this voter revision is a politically motivated move aimed at reducing voter participation in regions where the ruling party is weak.

Rahul Gandhi and Tejashwi Yadav recently led a ‘Bihar Bandh’ protest, alleging that the move is designed to disenfranchise large segments of the population, particularly the underprivileged.