The Supreme Court is currently reviewing petitions challenging the Election Commission of India's (ECI) special intensive revision (SIR) of electoral rolls in Bihar. The revision has faced criticism, with claims that it undermines democratic principles by imposing unreasonable documentation requirements and shifting the burden of proof onto individual citizens.
The ECI announced the SIR on June 24, 2025, with the stated aim of including all eligible voters and removing ineligible voters from the voter list. The commission cited reasons such as rapid urbanization, migration, newly eligible voters, under-reporting of deaths, and the inclusion of illegal immigrants as justification for the revision. The ECI has stated that it will adhere to constitutional provisions regarding voter eligibility and disqualification, as outlined in Article 326 of the Constitution and Section 16 of the Representation of the People Act, 1950 (RPA). Article 326 states that any person above 18 years of age is eligible to vote, while Section 16 disqualifies individuals based on citizenship, unsound mind, or legal disqualification due to corrupt practices.
The petitioners argue that the SIR violates fundamental rights under Articles 14, 19, and 21 of the Constitution. They contend that the identification process places an undue burden on citizens, requiring fresh applications and documentary evidence of citizenship by July 25, 2025. They also argue that the SIR excludes indicators like Aadhaar and ration cards and makes proof of parents' identity mandatory. Senior advocate Abhishek M Singhvi, representing a petitioner, noted that four crore voters out of the eight crore in Bihar would be required to submit documents.
Several petitions have been filed against the SIR, including those by the Association for Democratic Reforms (ADR), activist Yogendra Yadav, and Trinamool Congress MP Mahua Moitra. Other petitioners include MPs Manoj Kumar Jha, KC Venugopal, Supriya Sule, D Raja, Harinder Malik, Arvind Sawant, Sarfraz Ahmed, and Dipankar Bhattacharya, as well as organizations like the People's Union for Civil Liberties.
The ECI maintains that the intensified revision aims to ensure all eligible citizens are included in the electoral roll, ineligible voters are removed, and complete transparency is introduced in the process. The poll panel claimed that over 57% of the current 7.9 crore voters have submitted the new enumeration forms, which will now be scrutinized. The ECI has also emphasized that voters must be citizens of India, at least 18 years old, and not disqualified under the Constitution or any law.
The Supreme Court is scheduled to hear the petitions, with a bench of Justices Sudhanshu Dhulia and Joymalya Bagchi presiding. The court will consider arguments regarding the constitutionality and justification of the SIR, its potential impact on voter participation, and the reasonableness of the documentation requirements.