SC Upholds EC’s SIR, Questions Timing of Exercise
Suggests EC could consider Aadhaar, voter ID, ration card
New Delhi: The Supreme Court on Thursday upheld the Election Commission’s Special Intensive Revision (SIR) of electoral rolls in Bihar, saying it was a constitutional mandate, while questioning the timing of the exercise, noting that it went to the “root of democracy and the power to vote.”
The court allowed the revision to continue, observing that none of the petitioners had sought an interim stay.
A two-judge bench of Justice Sudhanshu Dhulia and Justice Joymalya Bagchi also challenged the commission’s assertion that the Aadhaar card was not “proof of citizenship,” noting that citizenship determinations fell within the purview of the Union home ministry. The bench suggested the commission consider Aadhaar, ration, and voter ID cards as valid identity documents during the SIR in Bihar.
“We are of the prima facie view that Aadhaar, voter ID, and ration cards can be allowed in the special intensive revision of electoral rolls,” the court stated, referring to the Election Commission’s June 24 order, which listed 11 illustrative, but not exhaustive, documents for proving citizenship.
Hearing petitions filed by leaders of 10 Opposition parties and NGOs, the court set July 21 as the deadline for the poll panel’s counter-affidavit and July 28 for rejoinders. It also scheduled further hearings for July 28.
“We are not doubting your sincerity, but there are perceptions. We are not thinking of stopping you because it is a constitutional mandate,” the court told senior advocate Rakesh Dwivedi, representing the commission. Dwivedi reported that 60 per cent of voters had verified their credentials and assured the court that no names would be removed from the rolls without a hearing.
When pressed on excluding Aadhaar from the SIR, the commission’s counsel cited Article 326 of the Constitution, emphasising that every voter must be an Indian citizen and that Aadhaar was not proof of citizenship. Justice Dhulia replied, “If you intended to check citizenship under the SIR, you should have acted earlier; it is a bit late.”
The court also rejected arguments that the commission lacked the power to undertake the revision in Bihar. It identified three prima facie issues: (a) the commission’s authority to conduct the exercise; (b) the procedure and manner of its implementation; and (c) the timing, given that Bihar’s elections are due in November 2025 and notifications will be issued weeks in advance.
Petitioners, including the Association for Democratic Reforms, RJD MP Manoj Jha, Trinamul Congress MP Mahua Moitra, Congress’s K.C. Venugopal, NCP (SP) leader Supriya Sule, CPI leader D. Raja, Samajwadi Party’s Harinder Singh Malik, Shiv Sena (UBT) leader Arvind Sawant, JMM’s Sarfraz Ahmed, and CPI (ML) leader Dipankar Bhattacharya, had challenged both the Commission’s authority and the exercise’s timing. The court noted that the SIR will cover approximately 7.9 crore citizens, and emphasised that even voter ID and Aadhaar cards must be accepted to ensure broad participation.