The Supreme Court has asked the Election Commission of India (ECI) to consider accepting Aadhaar, voter ID and ration cards as valid documents during the Special Intensive Revision (SIR) of Bihar’s electoral rolls. While the top court refused to stay the ongoing revision exercise, it expressed concerns over the document exclusions and the short timeline ahead of the state elections, reported Live Law.
A bench of Justices Sudhanshu Dhulia and Joymalya Bagchi observed that the ECI’s current list of eleven acceptable documents is not exhaustive. The judges suggested that Aadhaar, EPIC (voter ID), and ration card—being widely held by citizens—should be permitted unless the Commission provides a justified reason for their exclusion.
Petitioners, represented by senior advocates including Kapil Sibal, Abhishek Manu Singhvi and Gopal Sankaranarayanan, argued that the revision, taking place months before the state polls, might lead to disenfranchisement. They raised particular concern about requiring proof of citizenship based on a 2003 cut-off year, which they said was arbitrary and difficult for many genuine voters to comply with.
In response, the Election Commission defended its move, citing its powers under Article 326 of the Constitution and the Representation of the People Act. It clarified that the list of acceptable documents was illustrative and that voters lacking one of the listed documents could still submit other valid identity proofs.
The bench posed three key questions: whether the ECI has the authority to carry out such a special revision; whether the procedures followed are in line with legal provisions; and whether the limited time available before elections ensures fairness and transparency. The court also stated that verifying citizenship is the responsibility of the Ministry of Home Affairs, not the Election Commission.
While refusing to halt the SIR process, the Supreme Court has issued a notice to the ECI and asked it to submit a counter-affidavit by July 21. The petitioners are expected to file their rejoinders ahead of the next hearing, which is scheduled for July 28.
This case is expected to have significant implications for the electoral roll revision process, especially regarding voter inclusion, use of identity documents, and the role of institutional checks during pre-election activities.
Photo Credit: Live Law
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