Several political entities and organizations have recently approached the Supreme Court of India to challenge the Election Commission of India's (ECI) directive for a Special Intensive Revision (SIR) of electoral rolls, specifically concerning its implementation in Bihar. These include the Rashtriya Janata Dal (RJD), Trinamool Congress (TMC) Member of Parliament Mahua Moitra, and the People's Union for Civil Liberties (PUCL).
The core of the issue revolves around the ECI's order, issued on June 24, 2025, mandating a special intensive revision of electoral rolls in Bihar. This revision requires individuals not listed in the 2003 electoral rolls to furnish specific citizenship documents to establish their eligibility as genuine voters. The ECI has stated that this exercise is crucial, citing reasons such as rapid urbanization, frequent migration, young citizens becoming eligible to vote, non-reporting of deaths, and the inclusion of foreign illegal immigrants in the voter list.
However, this directive has faced strong opposition, with critics arguing that it could lead to large-scale disenfranchisement of eligible voters, particularly impacting marginalized communities and migrant workers. Concerns have also been raised about the timing of the revision, given that assembly elections in Bihar are scheduled for later this year.
Manoj Jha, a Member of Parliament from the RJD, has filed a writ petition in the Supreme Court, contending that the ECI's decision is "not only hasty and ill-timed but has the effect of disenfranchising crores of voters, thereby robbing them of their constitutional right to vote". The RJD's petition questions why the Aadhaar card is not accepted by the ECI as a valid document for verification during this revision process. Senior advocate Kapil Sibal is set to represent the RJD in the Supreme Court and has requested an expedited hearing on the matter.
TMC MP Mahua Moitra has also challenged the ECI's order in the Supreme Court, alleging that it violates several provisions of the Constitution and the Representation of the People Act, 1950. Moitra argues that the order aims to disenfranchise young voters in Bihar, with West Bengal potentially becoming the next target. She has sought a directive from the apex court to prevent the ECI from issuing similar orders in other states. Moitra's plea emphasizes that the ECI's order unlawfully shifts the burden of proving eligibility onto the individual elector and arbitrarily excludes commonly accepted identity documents like Aadhaar and ration cards.
The PUCL, through its general secretary V Suresh, has also approached the Supreme Court, contending that the SIR process represents a direct assault on India's constitutional democracy and violates the principle of popular sovereignty. The organization argues that the stringent documentation requirements, absence of adequate procedural safeguards, and the unreasonably short timeline for conducting this special revision in Bihar are likely to result in the wrongful deletion of genuine voters from the rolls, effectively denying them their right to vote. The PUCL asserts that the ECI has not defined any legitimate aim for the revision, nor has it sought to avoid disproportionate harm to electors.
Several concerns have been voiced regarding the ECI's special intensive revision of electoral rolls. Critics argue that it places an undue burden on citizens to prove their eligibility, especially when their names are already on the electoral roll and they have voted in previous elections. The requirement to produce citizenship documents, including proof of citizenship of either or both parents, is viewed as ultra vires Article 326 of the Constitution and introduces extraneous qualifications not contemplated by the Constitution of the RP Act 1950. The exercise is seen as undermining the foundational principle of democracy, where legitimate governance derives from the consent of all citizens.
The ECI, however, maintains that the SIR is being conducted as per the established instructions and that there is no change in the guidelines. The poll body has outlined the process being undertaken, which includes house-to-house visits, taking live photographs, and assisting electors with form submissions. The ECI has also clarified that voters who fail to submit their documents before July 25, 2025, will still have an opportunity to do so during the claims and objections period.