The Supreme Court is hearing a batch of petitions challenging the Election Commission of India’s (ECI) June 24 directive for a Special Intensive Revision (SIR) of electoral rolls in Bihar.

A Bench of Justices Surya Kant and Joymalya Bagchi is hearing the matter.

The petitioners have raised concerns that the SIR process permits arbitrary deletion of voters without adequate safeguards, potentially disenfranchising lakhs of citizens and undermining free and fair elections.

The ECI has defended its directive, asserting that it is empowered to undertake such an exercise and that the revision is crucial to ensure that only eligible citizens are included in the electoral rolls ahead of the upcoming Bihar Assembly elections.

One of the issues that the Court is considering has been the list of documents that may be accepted by the Election Commission to verify the identity of voters to retain their names in the electoral list.

On July 10, the top court had urged the Election Commission to consider Aadhaar, ration card and electoral photo identity card (EPIC card) as admissible documents for this verification exercise.

The Commission, however, later submitted an affidavit stating that neither Aadhaar cards nor ration cards can be treated as proof of eligibility to vote.

The petitioners have challenged the exclusion of these documents as absurd.

More recently, the Association for Democratic Reforms (ADR), which is a petitioner, filed an interim application urging the Court to direct the ECI to disclose details of 65 lakh names dropped from a draft Bihar electoral roll published on August 1 as part of the SIR.

On August 14, the Court asked the ECI to upload online this list of 65 lakh voters proposed to be deleted from the electoral roll and disclose reasons for such proposed deletion.

On August 22, the Court added that people excluded from the draft electoral roll can submit Aadhaar card along with the requisite form to object to their exclusion.

On September 8, the Court directed the ECI to issue a formal notice stating that Aadhaar will be accepted as an identity proof document for the inclusion of a voter to the revised voters' list being prepared as part of the Special Intensive Revision (SIR) in Bihar.

Live updates from hearing today feature here.

Hearing begins.

Justice Kant to Sr. Adv. Rakesh Dwivedi (for ECI): what's the current status? Should we not wait for actual assessment as to how many individuals left out?

Sr. Adv. Gopal Sankarnarayanan: The ECI is moving ahead with the other states. Since we had to a large degree addressed on the legal aspect just give us a date today. If it is found that this is a perversion of a constitutional scheme we may press that this may not continue. There is no question of proceeding with other states and establishing fait accompli. An actual date may be given.

Adv. Vrinda Grover: There is a timeline. The law says the last date for nomination is when the electoral role should be frozen. For this election why should I be denied a right to vote because of an illegal methodology.

Sr. Adv. AM Singhvi: Your lordships may take this at the earliest. They have now announced across the country.

Justice Kant: Wherever they are proposing meanwhile we will deliver the judgement that will obviously apply.

Adv. Prashant Bhushan: what is happening is there is gross violation of the rules and their own manual. There is virtually no transparency. Their rules require that within 1 day objections to be uploaded on their website. So that people can see who has applied for deletion etc. this is not being followed. They have uploaded only 30% of the objections and requests for additions etc.

Justice Kant: The problem is when we ask them to respond they’ll come up with a different story. We have to hear both stories.

Bhushan: This is from their own data. They have to comply with their own rules, their own manual.

Bhushan: They must comply with their own manual and the existing rules.

Justice Kant: We’ll take up on 7th October. Meanwhile each of you prepare a brief note of arguments.

Bhushan: If it is set aside, the manner in which they have prepared these rolls, then what happens? Elections are to be announced in the middle of October. There will be no time. In the meantime they may be directed to follow the rules. They are complying with the Court’s orders. They are not complying with any other rules.

Bhushan: Let there be minimum transparency. Let them follow their own rules.

Justice Kant: Give us a compilation of these violations. You consolidate and give a copy.

Sr. Adv. Gopal Sankaranarayanan: A daily bulletin was being published by the ECI. Now it is stopped.

Sr. Adv. Rakesh Dwivedi: We are giving a report to the political parties. Now they want daily. We have other work.

Adv. Ashwini Upadhyay: I am seeking nationwide SIR. Aadhaar is simply proof of identity. It is not proof of citizenship, not proof of age, not proof of residence etc. Aadhaar cannot be equated with the 12 documents.

Justice Bagchi: So PAN record is more relevant than Aadhar?

Justice Kant: We will hear you. As an interim arrangement, we have said Aadhaar.

Upadhyay: Keeping Aadhar with the 11 other documents is completely contrary to law. Aadhar is issued to foreigners also. Please modify the order dated 8th September. Otherwise it will be disastrous.

Justice Bagchi: Whether disastrous or not will be decided by the ECI. Justice Kant: we are keeping this issue open. We are not rejecting or accepting.

Upadhyay: In Bihar, there are lakhs of Rohingyas and Bangladeshis. ECI should ensure no foreigner should get voting right.

Justice Kant: There are several documents that can be forged. Aadhaar is to be utilised to the extent that law permits.

Hearing over. Matter to be heard next on October 7.