The Supreme Court has stated that the ongoing "special intensive revision" of Bihar's voter list can be overturned, even as late as September, if proven to be illegal. The court is currently hearing petitions challenging the Election Commission of India's (ECI) order to conduct a Special Intensive Revision (SIR) of electoral rolls in Bihar, especially with upcoming elections.

Concerns Raised by Petitioners

The petitioners, including leaders from various political parties like RJD, Trinamool Congress, Congress, and others, along with organizations like PUCL and ADR, are challenging the ECI's June 24 decision. They argue that the revision process could lead to large-scale disenfranchisement of eligible voters. Senior advocate Kapil Sibal, representing RJD leader Manoj Jha, pointed out discrepancies such as individuals listed as dead being found alive and vice versa. Concerns have also been raised regarding the strict documentation requirements, potentially excluding vulnerable groups unable to produce the necessary paperwork to prove citizenship. Some of the documents required include birth certificates, passports, and matriculation records, which critics say are difficult to obtain in Bihar, where literacy rates are low.

ECI's Standpoint

The Election Commission defends the Special Intensive Revision (SIR) of electoral rolls in Bihar as a necessary measure to eliminate ineligible voters and ensure clean rolls. The ECI asserts its authority to conduct such revisions under Article 324 of the Constitution and Section 21(3) of the Representation of the People Act, 1950. They maintain that the revision is crucial to ensure that only eligible citizens are included in the electoral rolls ahead of the upcoming Bihar Assembly elections. The poll panel admitted that an exercise of this nature was “bound to have some defects here and there". The ECI has also stated that deletions from the draft electoral roll will only occur after prior notice, specifying the grounds for removal, and ensuring a reasonable opportunity for affected voters to be heard and submit supporting documents.

Supreme Court's Observations

The Supreme Court has expressed concerns about potential "mass exclusion" of voters and has cautioned the poll body that it would "not hesitate to act" if the revised list reflects such exclusions. The Court has directed the ECI to provide data on voter numbers and other relevant details. During the hearing, Justices Surya Kant and Joymalya Bagchi questioned the necessity of a fresh SIR after a revision was already carried out in January 2025. The Court is also considering the list of documents that may be accepted by the Election Commission to verify the identity of voters. The Supreme Court has urged the Election Commission to consider Aadhaar, ration cards, and electoral photo identity cards (EPIC) as admissible documents for verification.

Key Issues and Arguments

Several key issues have emerged during the proceedings:

• Discrepancies in Voter Status: Petitioners have alleged discrepancies in voter status, including inaccuracies in the lists with people listed as dead being found alive, and vice versa.
• Citizenship Screening Concerns: The SIR process has been criticized as a form of "citizenship screening".
• Transparency and Disclosure: The Association for Democratic Reforms (ADR) has filed an application urging the ECI to disclose details of names recently dropped from the electoral roll.
• Requirement of Documents: A point of contention is why electors from the 2003 electoral roll only need to fill enumeration forms without citizenship documents, while those on the roll published in January 2025 are required to submit such documents.

The Supreme Court's intervention highlights the critical importance of ensuring a fair and accurate electoral process while addressing concerns about potential disenfranchisement and the need for transparency in the revision of voter rolls.