SC suggests wider ID list for Bihar SIR

The Supreme Court on Thursday asked the Election Commission to consider Aadhaar, Voter ID and ration cards as valid documents during its ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar, set to go to polls later this year.
Calling SIR a “constitutional mandate”, Justices Sudhanshu Dhulia and Joymalya Bagchi considered the submissions of senior advocate Rakesh Dwivedi, appearing for EC, and permitted the poll panel to continue with the exercise in Bihar with over 7 crore voters. Terming the right to vote as an important right in a democratic country, it said, “We cannot stop a constitutional body from doing what it is supposed to do. Simultaneously, we will not let them do what they are not supposed to do.”
The bench in its order further noted, “After hearing both sides, we are of the opinion that three questions are involved in this case. A, the very powers of the EC to undertake the exercise, B, the procedure and the manner in which the exercise is being undertaken, and C, the timing, including the timings given for preparation of draft electoral rolls, asking objections and making the final electoral roll, et cetera, which is very short, considering the fact that Bihar election are due in November 2025.”
Underlining the need to hear the matter, the bench posted over 10 petitions challenging the drive on July 28. The poll panel in the meantime was directed to file its response within a week following which the rejoinder from the petitioners could be filed a week thereafter.
The bench took on record the poll panel’s statement that the list of 11 documents it had to consider for SIR was not exhaustive.
“Therefore, in our view, since the list is not exhaustive, it would be in the interest of justice if the ECI will also consider the following three documents, such as Aadhaar card, voter ID card, and ration card,” the bench ordered.
The poll panel, represented by Dwivedi and senior advocates K K Venugopal and Maninder Singh, however, objected to this part of the order.
“We are not saying you have to. It is up to you to consider. We are saying it looks that way. They are genuine. If you have a good reason to discard then discard it. But give reasons,” Justice Dhulia remarked.
The bench did not stay the EC’s SIR for the petitioners did not pray for it at the moment.
Senior advocate Gopal Sankaranarayanan, appearing for NGO Association for Democratic Reforms, challenged the legal basis of the EC’s decision to undertake a SIR, which, he argued, is not recognized under the RP Act or its rules.
He called the SIR as an unprecedented, arbitrary process targeting those enrolled after 2003 and the cut-off being unjustified.
He also questioned the exclusion of widely held documents such as Aadhaar and Voter ID from the EC’s list, pointing out these were recognised under existing electoral rules and relied upon in several public service domains.
The bench said the EC’s exercise appeared constitutionally valid but acknowledged concerns about its timing and implementation. It also cited Section 21(3) of the RP Act, which permits the poll panel to carry out a special revision “in such manner as it may think fit”, reinforcing the panel’s discretionary power.
Senior advocates Kapil Sibal, Abhishek Manu Singhvi, Shadan Farasat, Vrinda Grover, and others termed the approach of the poll panel as exclusionary and disproportionate affecting the poor.
The poll panel urged the bench to allow it to continue with the SIR process and assured that no final electoral roll would be published until the court takes a decision.
Relief for democracy, says Congress: The Congress on Thursday said the Supreme Court’s suggestion that the Election Commission (EC) should allow Aadhaar cards, voter-ID cards and ration cards in the Special Intensive Revision of the electoral rolls in Bihar has come as a “relief for democracy”.
Congress general secretary, organisation, K C Venugopal pointed out that the apex court will hear the case again later this month, while expressing hope that the EC will go with the court’s suggestion.
“Basically, it is a relief for democracy. The case is again fixed for the 28th of this month,” Venugopal told reporters, when asked about the Supreme Court’s suggestion.
He said the court asking the EC to allow Aadhaar cards, ration cards and voter-ID cards for the identification of voters during the special exercise is in itself a big thing.