The Association for Democratic Reforms (ADR), a non-governmental organization, has approached the Supreme Court of India to challenge the Election Commission of India's (ECI) decision to conduct a Special Intensive Revision of Electoral Rolls (SIR) in Bihar. ADR argues that this revision is unconstitutional and could disenfranchise a significant number of voters. Bihar is scheduled to hold elections in October-November 2025.
The ECI issued directives on June 24, 2025, to carry out the SIR in Bihar, marking the first such revision since 2003. The commission stated the necessity of this exercise to remove ineligible individuals from the voter rolls and ensure that only eligible citizens are included. The ECI cited factors such as rapid urbanization, migration, young citizens becoming eligible to vote, unreported deaths, and the inclusion of foreign illegal immigrants as reasons for the revision. The ECI aims to ensure the integrity and accuracy of the electoral rolls through this process. As part of the SIR, booth officers are conducting house-to-house surveys for verification. The ECI has stated that it will strictly adhere to constitutional and legal provisions during the revision process, as outlined in Article 326 of the Constitution and Section 16 of the Representation of the People Act.
ADR's petition, filed through advocate Prashant Bhushan, urges the Supreme Court to overturn the ECI's SIR order, claiming it is arbitrary and violates Articles 14, 19, 21, 325, and 326 of the Constitution, as well as provisions of the Representation of the People Act, 1950, and Rule 21A of the Registration of Electors Rules, 1960. The NGO has requested a stay on the implementation of the ECI's June 24, 2025, SIR order pending the court's decision.
ADR contends that the SIR process lacks due process and imposes an unreasonably short timeline, potentially leading to the removal of genuine voters from the electoral rolls and subsequent disenfranchisement. The organization estimates that nearly three crore voters could be affected. According to ADR, the ECI's order shifts the responsibility of being on the voter list from the state to the citizens. Furthermore, the exclusion of identification documents like Aadhaar cards and ration cards disproportionately affects marginalized communities and the poor, making them more vulnerable to exclusion from voting.
ADR's plea emphasizes that the requirement for voters to provide documents proving their citizenship, as well as the citizenship of their parents, violates Article 326 of the Constitution. The organization argues that failure to provide these documents could result in individuals being excluded from the electoral roll. The petition also raises concerns about the impractical timeline for conducting the SIR, given the upcoming state elections in November 2025.
The Representation of the People Act, 1950, allows the ECI to direct special revisions of electoral rolls, but ADR argues that the directive for Bihar lacks recorded reasons supported by evidence or transparent methodology, rendering it arbitrary. Current reports from Bihar indicate that many voters in villages and marginalized communities do not possess the documents being requested. ADR asserts that the SIR order could disenfranchise lakhs of voters, disrupting free and fair elections, which are a fundamental aspect of the Constitution.
