Challenge to Election Commission’s Bihar voter revision drive - LIVE UPDATES from Supreme Court

The Supreme Court is hearing a batch of petitions challenging the Election Commission of India’s (ECI) decision to carry out a special intensive revision (SIR) of electoral rolls in Bihar ahead of the upcoming Assembly elections.

A Bench of Justice Sudhanshu Dhulia and Justice Joymalya Bagchi is hearing the matter.

Association for Democratic Reforms (ADR) was among the first to approach the top court with a public interest litigation (PIL) seeking quashing of the ECI’s June 24 directive that requires large sections of voters in Bihar to submit proof of citizenship to remain on the electoral rolls.

Member of Parliament (MP) Mahua Moitra, MP Manoj Jha and activist Yogendra Yadav have also moved the top court with similar petitions.

ADR has argued that the ECI move violates Articles 14, 19, 21, 325 and 326 of the Constitution and also contravenes the provisions of the Representation of the People Act, 1950 and Rule 21A of the Registration of Electors Rules, 1960.

According to the petition, the order imposes fresh documentation requirements and shifts the burden of proof from the State to the citizen. It also raises concerns over the exclusion of widely held documents like Aadhaar and ration cards, stating that this would disproportionately affect the poor and marginalised voters, especially in rural Bihar.

Under the SIR guidelines, voters not included in the 2003 electoral roll are now required to submit documents proving their citizenship. For those born after December 2004, the directive mandates not only their own documents but also those of both parents. In cases where a parent is a foreign national, the order asks for their passport and visa at the time of the applicant’s birth.

According to ADR, these requirements are unrealistic in a State like Bihar where birth registration levels are historically low and many voters do not have access to official documents. The petition notes that over three crore voters in Bihar may not be able to meet these criteria and could end up being removed from the rolls.

According to the petition, the ECI has not provided any reasons for ordering such a special revision.

Section 21(3) of the Representation of the People Act, 1950 permits special revisions only for recorded reasons. ADR has alleged that the ECI’s order lacks such justification.

Live updates from the hearing follows.

Some of the petitions are by TMC MP Mahua Moitra, former AAP co-founder Yogendra Yadav, Manoj RJD MP Manoj Jha, Association for Democratic Reforms among others

A bench of Justices Sudhanshu Dhulia and Joymalya Bagchi to hear the matter today

Flurry of senior lawyers before the case begins

SG Tushar Mehta appears virtually

Sr Adv KK Venugopal also present virtually

Sr Advs KK Venugopal, Rakesh Dwivedi and Maninder Singh appear for the Election Commission of India

Senior Advocate Gopal Sankarnarayanan: This is revision of electoral rolls.. the only relevant provision is the representation of peoples act 1950.. what is permitted under act and rules is that regular revision of rolls can happen. One is intensive revision and one is summary revision. Intensive is entire roll is effaced and entire excercise is new where all 7.9 crores have to go through SIR. In summary small amendments are made to the roll. What happened here is to order a special intensive revision.

SC: But this term, SIR is not in.

Gopal S: Yes, not in the act and rules. First time in history. They say first one is in 2003 where it was 4 crore people.. now it's about 7.9 crore people and about 10 elections done since then. Now with polls months away they are carrying out this where draft has to be out in 30 days. Despite amendments made to the act where Aadhaar is allowed for verification, they say now Aadhaar will not be considered.

Gopal S: They say if you are in 2003 rolls, you can avoid parents' documents. Else others will have to prove citizenship. They have made exemptions for the arts, sports people, and that is entirely arbitrary and discriminatory.

Justice Dhulia: In 2 petitions, 2 different notifications have been attached.

Gopal S: There are 4 documents from June 24. Let us go through one by one.

Justice Dhulia: What they are doing is mandated under the constitution. You cannot say that they are doing something which is not a mandate under the constitution, you see. They have fixed a date of 2003 since an intensive exercise has been conducted. They have data for that. Why should they scratch their head again? ECI has a logic behind this.

Sr Adv Gopal S: This process has no basis under the law. It is arbitrary and discriminatory. The fact that they have put an artificial line in 2003 is something which the law does not allow. The revision procedure is laid down in 1950 Act

SC: This intensive revision and summary revision are in the rules. Tell us when the commission is expected to carry this out. Periodically or when ... You are not challenging the powers of ECI, but the manner in which it is being conducted.

Justice Joymalya Bagchi: Do you think subsection 3 of section 21 is involved?

Gopal S: They are relying on it.

SC: We think subsection 3 is a non-obstante clause entrusted to the ECI to carry out the intensive process. So the power is traceable to sub section 3.

Gopal A: Subsection 1 is omnibus. Subsection 2 is summary and 3 is intensive.

SC: So why did the legislature employ two separate provisions... Subsection 1 prescribed procedure as per rules and subsection 3 prescribed a definite way. Why is that so

Justice Bagchi: The contention that Aadhaar has been considered a reliable ID under the principal act and thus excluding this now is unlawful. This is what you are arguing.

Gopal S: If 7.5 crore voters are there now, how can they be removed en masse?

Sr Adv Gopal S: In Bihar, the final electoral roll was in existence in June itself.

Justice Dhulia: ECI is including the judges, journalists, arts people in this since they are already known. Let us not stretch this. Let us not get into the bylanes and let us be on the highway.

Justice Bagchi: your main contention is the exclusion of Aadhaar from the batch of documents permitted

Justice Dhulia: for citizenship the process is about strict appreciation of evidence. There has to be quasi Judicial authority

Sr Adv Maninder Singh: but it needs that. ...

Justice Dhulia: then isn't this too late now

Sr Adv Rakesh Dwivedi: let the cake bake first..

SC: one cake was made in January itself (preparation of electoral rolls)

Justice Bagchi: there is nothing wrong in having this intensive process so that non-citizen don't remain on rolls but it should be de hors this election which is coming up

Justice Dhulia: once electoral roll is finalised and notified and election is after that.. no court will touch that.

Senior Advocate Kapil Sibal: Please see the Constitution of India. Now, Articles 10 and 11 of the Constitution of India. Now, see the Citizenship Act. Now, see citizenship by birth. If I am born on 1950 no one can take it away.. now see section 15 of RPA.

Senior Advocate Kapil Sibal: ECI has no power in this.. who are they to say we are citizens or not. They are people who are not registered as citizens, and there are those who are registered and can be deleted only in terms of section 3. So the entire exercise is shocking. They say if you don't fill a form you cannot vote. How can this be allowed? The burden is on them and not me. They have to have some material in their possession to say that I am not a citizen! Not on me.

SC: is it not their mandate to see that qualified votes and unqualified does not vote.

Justice Dhulia: So you are saying a large number of voters will be disenfranchised....

Sr Adv AM Singhvi: this is an exercise in citizenship. The disenfranchisement of one voter impacts democracy and the basic structure. So we are saying all 10 elections till now was based on wrong electoral data.

Justice Bagchi: we have to see whether statutory provision giving wide berth powers give room for this elbow joint act?

Sr Adv Singhvi: the process cannot lead to disenfranchisement.. the words are final electoral roll. There was no whisper of SIR.

Justice Dhulia: One rule says verbal hearing is there in the summary process also. They may have an intensive process also.

Singhvi: it is all en masse where all are put in the suspended trishanku state. This is all a fudge.

Sr Adv Shadan Farasat: They say 98 percent of forms have been given.

SC: If any deletion is made, then it is subject to 21B. Let us presume 7 crore names in the draft roll and deleted 3 crore voters. You argue that they all have to be heard before the final list is prepared. We will ask the ECI... about this. Do you think a written objection is needed for 21A?

Justice Dhulia: Once, under Article 326, also, citizenship is the main criterion which makes you a voter.

Singhvi: Citizenship is totally under a different procedure. Someone has to come and demonstrate that they are seeking it under a different process and produce the relevant documents. Then comes aadhaar which was taken as a valid one.. upheld by nine judges and the entire country is going mad after aadhaar and then a constitutional body says aadhaar will not be taken.

Singhvi: This is an excercise to carry out citizenship screening.

Sr Adv Kapil Sibal: if I am born after 1950 i am citizen of India. If someone is challenging that, then it has to be proven. Officer has to go to their home and verify. 1 crore people are migrants in Bihar. This exercise is completely beyond the remit of ECI

Adv Vrinda Grover: This screening is only for the marginalized. Only the poor and marginalized will be impacted. Once I am not on the rolls, you will move to send me to foreign tribunals. This is completely exclusionary.

Sr Adv Rakesh Dwivedi for ECI begins

Justice Dhulia: There are three questions: 1. There is no question that the issue before the court goes to the root of democracy and about the right to vote. 2. It is not just the powers of ECI but the process adopted 3. The next is the timing.

Dwivedi: If ECI does not have the power to prepare and update the electoral roll, then a different body has to be found. Especially notwithstanding Article 324

Dwivedi: Superintendence, direction and control over the electoral roll is the first thing. You also cannot be a voter in two places..

SC: yes Superintendence etc is there.. but what they are arguing is that it is not revision or, summary .. but something which is special intensive etc.

Dwivedi: ECI has a direct relationship with the voters. If voters are not there, then we are non-existent. Next, we cannot discriminate on the basis of religion, caste, etc., every person who is a citizen and not less than 18 and not barred by law.. and not disqualified .. shall be entitled to be registered as a voter

Dwivedi: are the voters here ?? Only a select few who write articles have come here. ADR was recently deprecated. I have serious objection to this.

Justice Dhulia: are you serious about this?

Dwivedi: I am

Justice Dhulia: Okay Justice Bagchi, this cannot be a serious objection. This can of be your best point .. please move ahead.

Justice Bagchi: My question is why link this process to an incoming election at all?

Dwivedi: No one will be deleted without notice or the opportunity to be heard.

Are you following the Rule 8 of the 1960 rules..are you going to finish in 6 months: Justice Bagchi.

ECI: Let us resume post 2 pm

Senior Advocate Kapil Sibal: They say BLO has the right to decide my citizenship. As soon as that happens then I lose my identity.. it is only the govt of India can decide who is a citizen. BLO cannot decide this. This is under Citizenship Act and ECI cannot decide this.

Senior Advocate Rakesh Dwivedi: The purpose of different documents is different

Court: You are saying documents are not exhaustive.. so Aadhaar can also be used?

Dwivedi: Aadhaar is an identity document under the statute. Not disputing. It means I am I and you is you. This document is for authentication. It is show here is my house, it is here I stay. Each document has a purpose.

Dwivedi: 5 to 6 crores are filled and uploaded. It is first time in history of independent India, we have created an ECI net where all the documents will be uploaded for all time to come so that everything is there for all country to see... So this exercise need not be created every time.

Court: Suppose I want a caste certificate.. Ishow my Aadhaar card. I get a caste certificate based on that. So that is a document accepted.. but not Aadhaar. So it is one of the basic document which is considered by so many is not considered by you.

Dwivedi: I am injuncted to use Aadhaar for citizenship or domicile as per the Act.

Justice Bagchi: Please know that Aadhaar Act cannot be read disregarding other laws. See section 56. We have to read both the Acts together. As soon as draft roll is published, there is a possibility some names will be excluded.

Justice Dhulia: Suppose I was a voter till Jan 2025.. is it sure that my name is there in the updated list?

Dwivedi: Yes, provided you sign the pre filled form.

Justice Bagchi: With such a big population being subjected to intensive review.. is it possible to link this exercise with the ensuing elections .. ?

Dwivedi: Let us complete the process.. and then take a call. We can be stopped anytime. Elections are in November. I am saying why stop me now..? You can stop me later.

Justice Bagchi: We will most loathe to interfere with the Election Commission of India.

Justice Bagchi: We feel since Aadhar has been taken as a solid proof for inclusion in electoral rolls as per Section 23, it should be included. Your enumeration list is all related to identity .. it is matriculation certificate etc.

Justice Dhulia: This entire excercise is (concerning) identity only.

Dwivedi: We are looking at entitlement from all aspects.

Court: So citizenship...

Dwivedi: Yes, citizenship, age.. etc.

Justice Bagchi: Yes ... citizenship.

Dwivedi: 1 lakh booth level officers are there.

Justice Bagchi: How are you so stridently opposing Aadhaar? If it's included, it does not stand in the way of the policy that you have.

Justice Dhulia: All are identity proofs

Dwivedi: There were 3 documents in 2003 and now 11.

Justice Dhulia: If you ask me these documents.. I myself cannot show you all these. Then with all your timelines ... you are showing the practicality ... I am telling you the issues on the ground.

Justice Dhulia: We don't doubt your sincerity. But there is a perception also

ECI: We can only answer by a fruitful complete exercise.. do not stop us now.

Justice Dhulia: Who said we are stopping you..?

ECI: But even including or not including this or that documents. ECI is alive to the situation.

Dwivedi: This can be listed in August to see if the forms have been filled or not.

Justice Dhulia: So we will note, documents are not exhaustive and Aadhaar will be taken.

Dwivedi: Let us proceed as it is ..

Dwivedi: It is the choice of the elector what documents they want to give and what documents not to give...

Justice Dhulia: They say that, let forms be filled. Then they can see if some document can be given.

Senior Advocate Gopal Sankaranarayanan: Ideal scenario is the Janury 2025 list becomes the draft list. Since all who died from 2003 has been weeded out already. They conducted summary revisions already every year and people have voted according to it.

Senior Advocate Venugopal: Qualifying date for all is July 1, 2025 for all who became 18. Therefore revision is needed.

Dwivedi: That's to fill form. October 2025 is the deadline for vote.

Singhvi: Such an exercise should not be linked to the ensuing elections.

Court: There is a democratic process which is on...we cannot stop a constitutional body.

Singhvi: We question the process. If this is allowed to go on, it will be an irreversible scrambled egg... Today three statements are there from ECI. So many crore of forms have come etc. 0 what is the use without documents? In August, we will say 'now what to do we have come so far.'

Court: We will note that 11 documents are not exhaustive. They are willing to take Adhaar and ration cards are being taken. We will note it.

Singhvi: In North Bihar, Seemanchal, it is problematic. But in South Bihar, it is taken in record.

Justice Dhulia: Aadhaar is on statute. ECI is issued by you. .How can we not mention it?

Dwivedi for ECI: A lot of things are happening at enrollments, so requesting do not mention Aadhaar.

Dwivedi: We (ECI) cannot take ration card. Everything is on Aadhaar.

Justice Dhulia: Mr Dwivedi himself says that they will not finalise the draft.

Senior Advocate Gopal S: This is a national exercise and they decide to start with Bihar!

Court: We are not getting into that

Court dictates order.

Justice Dhulia: An important question has been raised which goes to the root of democratic set up of our country. The question is of the right to vote. Petitioners argue that the exercise has been undertaken vide June 24 order which is SIR of electoral roll is not only violative of Articles 324, 325,14,19 and 21 of voters and also violates of RPA and rules framed therein.

ECI argues that the last intensive revision was in 2003 and presently an intensive revision is required which is mandated under Article 326.

We are prima facie of the opinion that there are three questions:

1. Powers of ECI to conduct special intensive revision (SIR).

2. The procedure to exercise these powers; and

3. The timeline, which is very short and due in November...

The matter needs hearing. Let it be listed on July 28 before appropriate Court. Let counter be filed within one week, on or before July 21 and rejoinder before July 28.

Court Order continued:

"After going through the documents, ECI has pointed out that the list of documents for verification of voters include 11 documents and is not exhaustive. Thus, in our opinion, it would be in the interest of justice if Aadhaar Card, EPIC card and Ration Card should be included ... .... and the same shall satisfy the petitioners. Meanwhile petitioners are not pressing for an interim stay."

Court clarifies that it is for the ECI to still decide whether it wants to take the documents or not; If it does not take these documents, then ECI has to give reasons for the same.

Justice Dhulia adds: In our prima facie opinion, in the interest of justice, the Election Commission will also include these documents ... Aadhaar, Ration card and EPIC card.

Dwivedi: Please add ECI has a discretion in this.

Justice Dhulia: Apna behes ab aap July 28 ko bacha ke rakhiye.