The Congress party has welcomed the Supreme Court's suggestion regarding the Election Commission's (EC) Special Intensive Revision (SIR) of electoral rolls in Bihar, calling it a "relief for democracy" and a "significant advance" in the case. The Supreme Court has suggested that the EC should allow Aadhaar cards, voter-ID cards, and ration cards as valid documents during the revision process.

Background

The Election Commission of India has initiated a Special Intensive Revision (SIR) of the electoral rolls in Bihar ahead of the upcoming state elections. The enumeration drive began on July 1, 2025, with the draft electoral roll scheduled for publication on August 1, 2025, and the final roll on September 30, 2025, after addressing claims and objections. The stated aim of the SIR is to ensure that no eligible citizen is left out and no ineligible person is included in the Electoral Roll.

However, the EC's decision to undertake the SIR has faced challenges, with concerns raised about the timing and the potential for disenfranchisement of voters. Several petitions have been filed in the Supreme Court, questioning the EC's order and seeking its quashing.

Supreme Court's Intervention

The Supreme Court addressed the petitions challenging the EC's decision. While allowing the EC to continue with the SIR, the court raised concerns about the timing of the revision, especially with the Bihar assembly elections approaching. The court also questioned why the revision was specific to Bihar and not conducted nationwide.

A significant point of discussion was the documents required for voter verification. The Supreme Court suggested that the EC should allow Aadhaar cards, voter-ID cards, and ration cards as valid documents during the SIR. The court's bench, comprising Justices Sudhanshu Dhulia and Joymalya Bagchi, stated their prima facie view that these documents should be considered.

The Supreme Court has directed the EC to file its counter-affidavit by July 21, 2025, and has scheduled the next hearing for July 28, 2025.

Congress's Response

The Congress party has welcomed the Supreme Court's suggestion. K. C. Venugopal, Congress General Secretary, said that the court's suggestion was a "relief for democracy". He expressed hope that the EC would heed the court's suggestion and allow Aadhaar cards, ration cards, and voter-ID cards for voter identification during the SIR.

Senior Congress spokesperson Abhishek Singhvi, who is the lead counsel for eight political parties in the matter, called the Supreme Court's suggestion a "significant advance". He noted that the court had clearly suggested that Aadhaar, voter-ID, and ration cards be considered by the EC in the enumeration process, which he alleged had been excluded all over Bihar until now.

Concerns Raised by Petitioners

The petitioners challenging the SIR have raised several concerns. One key concern is that the SIR guidelines require voters not included in the 2003 electoral roll to submit documents proving their citizenship. For those born after December 2004, the guidelines mandate submitting documents of both parents.

The Association for Democratic Reforms (ADR) has argued that these requirements are unrealistic in a state like Bihar, where birth registration levels are historically low, and many voters lack access to official documents. ADR estimates that over three crore voters in Bihar may not be able to meet these criteria and could be removed from the rolls.

RJD MP Manoj Jha has also criticized the SIR, calling it a "dark spell for democracy" and alleging that it could lead to mass disenfranchisement of marginalized groups.

EC's Position

The Election Commission has preliminary objections to the petitions challenging the SIR. The EC has argued that checking citizenship is necessary to be a voter in India and that Aadhaar cannot be used as proof of citizenship. However, the Supreme Court questioned the timing of the EC's decision to check citizenship just months before the Bihar elections, remarking that the poll body should have acted earlier if it wanted to verify citizenship.

Potential Impact

The Supreme Court's suggestion to allow Aadhaar cards, voter-ID cards, and ration cards could significantly impact the SIR process. These documents are more widely available than birth certificates or other citizenship documents, potentially reducing the risk of voter disenfranchisement. The EC's decision on whether to accept the court's suggestion remains to be seen. The Supreme Court has clarified that it is not a direction to the ECI to include anyone’s name in the roll solely based on these documents and that the ECI has the discretion to accept or reject them.