The Supreme Court has expressed concerns regarding the potential mass exclusion of eligible voters in Bihar's upcoming Assembly elections, scheduled for October-November 2025. Hearing petitions challenging the Election Commission's (EC) Special Intensive Revision (SIR) of electoral rolls, a bench of Justices Surya Kant and Joymalya Bagchi stated that the court would intervene if there was significant exclusion of eligible voters or deviation from the EC's June 24 notification regarding the SIR. The court has scheduled hearings for August 12-13 to further examine the matter.
The court's concern arose from allegations made by senior counsel Kapil Sibal and advocate Prashant Bhushan, representing the petitioners, who claimed that many eligible voters were being omitted from the draft electoral roll, which is set for publication on August 1. They argued that this could potentially deprive a large number of people of their voting rights. Advocate Prashant Bhushan submitted that, according to the ECI, 65 lakh people have not submitted enumeration forms as they are either deceased or have shifted permanently. The petitioners have also questioned the mass deletion of names from the electoral rolls without due process, alleging that the ECI was violating its own rules and the Representation of People Act by refusing to accept Aadhaar cards, Voter IDs, and ration cards as proof of identity during the revision exercise. The petitioners have criticised the SIR as "citizenship screening".
In response to these concerns, the bench directed the petitioners to file their written submissions by August 8 and appointed nodal officers from both the petitioners' side and the Election Commission to facilitate the filing of these submissions. Senior advocate Rakesh Dwivedi, representing the EC, clarified that the procedure allows for objections to be filed against the draft list, and those excluded could always submit their objections. The EC has also stated that 65 lakh people missed SIR forms due to death or permanent relocation. The EC's affidavit justified the ongoing SIR, stating that it adds to the purity of the election by "weeding out ineligible persons" from the electoral rolls.
The Supreme Court acknowledged the Election Commission as a constitutional body that is expected to act in accordance with the law. However, the bench emphasized that if any wrongdoing was observed, the petitioners could bring it to the court's notice. Justice Surya Kant remarked that the court expects fairness from the ECI. He also stated that any document can be forged and the Election Commission can deal with cases of forgery on a case-to-case basis and emphasized "mass inclusion, not mass exclusion". The court had previously refused to stay the publication of draft electoral rolls as per the SIR schedule but asked the EC to accept Aadhaar and voter ID as identity proof during the exercise.
The court has assured that it would "immediately step in" if it finds "mass exclusion" of voters in the ongoing SIR. The bench verbally told the petitioners, "If there is mass exclusion, we will immediately step in. You bring 15 people saying they are alive, yet have been excluded, we will intervene". Justice Surya Kant suggested that political parties should act as NGOs to assist citizens in verifying their names on the revised rolls. The Supreme Court stressed efficiency and prevention of repetitive arguments.
The bench has scheduled the matter for final arguments on August 12 and 13. The court has made it clear that it would not hesitate to act if the list was riddled with "mass exclusions".
