The Association for Democratic Reforms (ADR), an NGO working on electoral reforms, has filed a petition in the Supreme Court of India challenging the Election Commission of India's (ECI) directive for a Special Intensive Revision (SIR) of electoral rolls in Bihar. ADR contends that this order, issued on June 24, 2025, could disenfranchise lakhs of voters arbitrarily and without due process, thereby disrupting free and fair elections and undermining democracy, which forms part of the basic structure of the Constitution.

The ECI's order requires residents whose names did not appear in the 2003 electoral rolls to provide specific documents to prove their citizenship. The ADR claims that the ECI’s directive lacks recorded reasons supported by evidence or a transparent methodology, rendering it arbitrary. The petition argues that the requirement of citizenship documents contravenes the specific grounds for deletion of names from electoral rolls, such as death, non-residence, or disqualification under Section 16 of the Representation of the People Act, 1950.

The petition highlights several concerns regarding the ECI's directive:

• Shifting the Onus: The ADR argues that the ECI has shifted the onus of being on the voters' list from the state to the citizens.
• Exclusion of Identification Documents: The ECI has excluded identification documents such as Aadhaar cards and ration cards, which further marginalizes communities and the poor, making them more vulnerable to exclusion from voting.
• Unreasonable Timeline: The ECI has issued an unreasonable and impractical timeline to conduct the SIR in Bihar, with state elections due in November 2025. This short timeline may prevent many eligible voters from submitting the required documents.
• Lack of Recorded Reasons: The ADR claims that the ECI's directive lacks recorded reasons supported by any evidence or transparent methodology. Section 21(3) of the Representation of the People Act, 1950, allows the ECI to direct a special revision of electoral rolls "for reasons to be recorded".
• Disproportionate Impact on Marginalized Communities: The ADR argues that the SIR's requirement for citizenship documentation disproportionately affects marginalized communities, including Muslims, Scheduled Castes, Scheduled Tribes, and migrant workers, who may lack access to such documents.
• Onerous Documentation Requirements: For those born after December 2, 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.
• Already Conducted Revision: The petition notes that a Special Summary Revision (SSR) was already conducted in Bihar between October 29, 2024, and January 6, 2025, which addressed issues such as migration and ineligible voters. The ADR questions the need for such a drastic exercise in a poll-bound state in such a short period, arguing that it violates the right to vote of lakhs of voters.

The petition notes that Bihar has historically lagged in the possession of birth certificates and other official documents. The problem is aggravated due to Bihar being a state with high poverty and migration rates, where persons, mostly belonging to the marginalized communities, may lack access to documents such as birth certificates or parental records. As per estimates, over 3 crore voters, particularly from marginalized communities, could be excluded from voting due to the stringent requirements mentioned in the SIR order.

The ADR seeks the Supreme Court to quash the ECI's order, arguing that it violates Articles 14, 19, 21, 325, and 326 of the Constitution, as well as provisions of the Representation of People's Act, 1950, and Rule 21A of the Registration of Electors Rules, 1960. The petition also seeks an immediate stay on the ECI's directive and prays for directions to set aside the June 24 order to protect the right to vote of lakhs of citizens.