SC allows Bihar electoral roll revision, asks EC to consider these 3 documents
The apex court questioned the timing of the exercise besides offering its prima facie view that Aadhaar card, voter ID card and ration cards could be considered
The Supreme Court on Thursday (July 10) allowed the Election Commission of India to continue with its Special Intensive Revision (SIR) of electoral rolls in Bihar, calling it a "constitutional mandate".
A bench of Justices Sudhanshu Dhulia and Joymalya Bagchi, however, questioned the timing of the exercise besides offering its prima facie view that Aadhaar card, voter ID card and ration cards could be considered during the SIR in Bihar.
Also read: Electoral roll revision ‘conspiracy’ to steal Bihar polls like Maha: Rahul
"We are of the prima facie view that Aadhaar cards, voter ID cards and the ration cards be allowed in the special intensive revision of electoral rolls,” it said.
Timing under scanner
The bench said it was not doubting the credentials and sincerity of the election commission in carrying out the exercise, which was a constitutional mandate, but said the timing of the process was raising doubts.
"We are not doubting your sincerity, but there are perceptions. We are not thinking of stopping you because it is a constitutional mandate," the bench told senior advocate Rakesh Dwivedi, appearing for the poll panel.
Question of citizenship
“This is a very important issue and goes to the very root of democracy... [the petitioners] are not only challenging the powers of the EC but also the procedure...,” the court said.
In its reply, the EC told the court that citizenship is required to be checked for being a voter in India under Article 326 of the Constitution.
Also read: EC defends Bihar voter list revision, calls it inclusive
To this, the top court asked the poll body if the issue of citizenship was its prerogative instead of the Home Ministry’s.
Next hearing on July 28
Noting that none of the petitioners, including leaders of 10 Opposition parties, prayed for an interim stay of the poll panel’s exercise, the bench sought a response on the batch of petitions and posted the hearing on July 28. The ECI, the bench said, should file a counter-affidavit to the petitions by July 21, and rejoinders should be filed by July 28.
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Live Updates
- 10 July 2025 3:07 PM IST
SC allows Bihar voter revision, posts the case to July 28
Supreme Court allows the Election Commission to continue with its exercise of conducting a Special Intensive Revision (SIR) of electoral rolls in poll-bound Bihar.
The top court further stated that it is of the prima facie opinion that in the interest of justice, the Election Commission to also consider including documents like Aadhaar, Ration Card and Voter ID card, etc. during the ongoing Special Intensive Revision of electoral rolls in Bihar.
The bench, in its order, mentions three points of challenge. First, the EC’s power to conduct the SIR; second, the procedure adopted by the EC; and third, the timeline for conducting the SIR right before the Assembly election in Bihar. The Bench posts the case to July 28
- 10 July 2025 2:58 PM IST
Postpone case to August" EC to SC
Advocate Dwivedi says that the case can be listed on August 2 as by that time the draft list would be out adding that in case 1 crore people have been left out, then the court can intervene. Advocate Abhishek Singhvi objects saying that if the process was allowed to continue it would later be presented in court as “irreversible scrambled egg.”
- 10 July 2025 2:50 PM IST
SC raises doubts over EC's Bihar revision timeline
Justice Dhulia says that the court has “serious doubts” about the timelines provided by the EC regarding the SIR in Bihar, adding that it takes a year to conduct the census, but the EC has given only a 30-day deadline for the SIR.
Dwivedi responds, saying that the court must not stop the exercise merely based on doubts, adding EC should be allowed to prove its credentials to complete the SIR in August. Dwivedi suggested that the case can be listed in August.
- 10 July 2025 2:43 PM IST
EC defends Bihar's intensive voter revision, cites migration
The EC argues that in the past decade over 70 lakh have migrated from Bihar and that in itself makes a strong case for SIR. Dwivedi, representing the EC argues that political parties have been authorised to get at least 50 enumeration forms signed every day. Even if someone is not at home at first attempt, three visits would be made adding the burden is on the EC to get the enumeration formed filled and upload on EC’s website, he added.
- 10 July 2025 2:36 PM IST
SC questions EC on Aadhaar's exclusion from SIR list
Justice Bagchi asks if someone is included in the electoral roll in the summary revision, will that person also come under the ongoing Special Intensive Revision (SIR).
Both Justice Bagchi and Justice Dhulia say that the SIRT exercise is about identity, adding that the Aadhaar is the primary document for identity. They also said that none of the 11 documents EC was seeking for enumeration are exclusively proof of citizenship and are all identity proofs.
Justice Bagchi wondered that even in such a situatio,n EC was opposing the inclusion of Aadhaar among the list of documents required for SIR.
- 10 July 2025 2:28 PM IST
Aadhaar not basic for electoral roll, caste cert: Dwivedi
Justice Dhulia points out that Aadhaar is considered a basic for other documents is not considered among the 11 documents listed for the electoral roll revision. He also said that caste certificate is among the 11 documents. Dwivedi responds arguing that Aadhaar is not the only document required for obtaining a caste certificate.
- 10 July 2025 2:23 PM IST
Aadhaar not proof of citizenship, domicile: EC to SC
Continuing his argument, Dwivedi, appearing for the Election Commission, said that Aadhaar is not a proof of citizenship or domicile.
“Once all the application forms have come then the stage of objection and claims will begin. If someone objects that this person is not who he claims to be then Aadhar can be used,” he added as quoted by Live Law.
- 10 July 2025 2:18 PM IST
Aadhaar is not citizenship proof: Rakesh Dwivedi to SC
Responding to Justice Dhulia’s question whether Aadhaar card can be used as a document in the electoral role revision in Bihar, Senior Advocate Rakesh Dwivedi states that Aadhar is only an identity proof.
He further stated that Aadhaar can be issued to non-citizens residing in India adding Aadhasar number by itself is not a proof of citizenship
- 10 July 2025 2:09 PM IST
Kapil Sibal: EC lacks power to remove names from voter roll
Kapil Sibal argues that the moment a voter’s name is removed from the electoral roll he or she loses the rights under Article 19 of the Constitution adding that the Election Commission does not have the power to such a thing.
