New Delhi, July 10, 2025 – The Supreme Court today upheld the Election Commission of India’s (ECI) authority to carry out a Special Intensive Revision (SIR) of electoral rolls in Bihar, while raising crucial concerns about its timing, documentation policies, and legal basis.
🏛️ Court’s Decision
A bench led by Justices Sudhanshu Dhulia and Joymalya Bagchi refused to stay the SIR exercise and permitted continuation. However, the justices emphasized the EC’s constitutional duty to maintain accurate voter lists under Articles 324 and 326 and the Representation of the People Act.
The Court directed the ECI to consider using commonly held identity proofs—including Aadhaar cards, Electoral Photo Identity Cards, and ration cards—for verification, while noting these need not be mandated in every case. The EC must justify any exclusions in writing and may reject documents for valid reasons.
⏱️ Timing Under Scrutiny
The apex court expressed “serious doubts” about the proximity of the SIR to the November 2025 Bihar elections, warning that compressed timelines could disenfranchise genuine voters without adequate redress. Noting that such an extensive revision has not occurred since 2003, the bench questioned why the exercise was initiated so late.
📝 Legal Clarity Required
Petitioners, including the Association for Democratic Reforms (ADR), People’s Union for Civil Liberties (PUCL), and several MPs, argued the “SIR” lacks a statutory foundation, resembling neither typical summary nor intensive revisions defined under the law.
The Court instructed the ECI to explain which legal provisions—from the Representation of the People Act, 1950—it relied on to initiate the SIR, and why it cannot simply issue a standard summary/intensive revision.
🔍 Accountability Measures Imposed
- Disclosure deadline: The ECI has been asked to file its counter-affidavit no later than July 21, outlining its rationale for timing, chosen documentation protocols, and procedural safeguards.
- Next hearing scheduled: The bench will reconvene on July 28 to review these filings and consider interim relief if needed.
⚖️ Political Implications
The exercise has sparked widespread political dissent. Opposition parties have warned the SIR could “snatch votes of lakhs” and disproportionately affect marginalized voters. Rahul Gandhi led a protest in Patna, accusing the EC of undermining voter rights—a charge dismissed by EC officials as premature and politically motivated.
Meanwhile, the ECI publicly reaffirmed its actions using Article 326, asserting its mandate to ensure that all voters are Indian citizens aged 18 or older.
🧭 Looking Ahead
Today’s order reflects the Court’s attempt to strike a balance between the ECI’s duty to ensure electoral integrity and the imperative to protect citizens from disenfranchisement. By calling for broader ID acceptance, legal specificity, and a clear timeline, the bench seeks to cushion vulnerable voters while preserving the democratic process.
The coming weeks will test how the ECI responds to these directives—and whether the SIR can proceed without compromising voter inclusion as the November elections approach.
