SC declines to halt draft voter list in Bihar, tells EC to accept Aadhaar and voter ID for SIR

New Delhi: The Supreme Court on Monday declined to stay the publication of draft electoral rolls in poll-bound Bihar, stating that it would give a final ruling on the pleas challenging the Election Commission’s special intensive revision (SIR) of electoral rolls.

A bench of Justices Surya Kant and Joymalya Bagchi said it would fix the schedule for the final hearing on July 29.

Senior advocate Gopal Sankaranarayanan, representing an NGO, had urged the court to stop finalization of the rolls in the interim. However, the bench noted that the petitioners had not pressed for interim relief earlier and said the matter would be conclusively decided in the upcoming hearing.

The court directed the Election Commission to continue accepting Aadhaar and voter ID cards for the SIR exercise, observing that both documents carry a “presumption of genuineness”.

During a 10 July hearing, the Supreme Court had suggested that the Election Commission consider Aadhaar, ration cards or existing voter ID cards as valid proof for voter verification. The EC, however, responded that names cannot be added to the voter list solely on the basis of these documents, as verification must follow legal procedures.

The court said it broadly agreed with its earlier order and noted that the EC, in its counter affidavit, had accepted that Aadhaar, voter ID and ration cards should be recognized for the process.

“As far as ration cards are concerned we can say they can be forged easily but Aadhaar and voter cards have some sanctity and have presumption of genuineness. You continue accepting these documents,” the bench said.

Justice Surya Kant also advised the poll panel to focus on “en masse inclusion” rather than “en masse exclusion”.

The petitioners have questioned the legality and timing of the revision in an election-bound state, arguing that the SIR process is rushed and could disenfranchise large sections of voters, especially Muslims, Dalits and poor migrants.

They claim this is the first time voters who have cast ballots in previous elections are being asked to re-prove their eligibility or risk deletion from the rolls. They also highlighted that Aadhaar, widely used in Bihar and accepted during the 2024 general elections, was initially excluded from the verification process. They also object to the responsibility being shifted from the State to individual citizens to prove their eligibility.

The petitioners further argue that in a state like Bihar, where poverty, illiteracy and migration are high, the required documents such as passports, birth certificates or residence certificates are not widely available.

Tags: