EC Exercise Is Not The problem, It Is The Timing: SC On Bihar Electoral Rolls Revision

The Supreme Court on Thursday issued a word of caution to those challenging the Election Commission's Special Intensive Revision (SIR) of electoral rolls in Bihar, advising them not to describe the process as "artificial" or "imaginary." The Partial Working Day (PWD) bench, comprising Justices Sudhanshu Dhulia and Joymalya Bagchi, remarked that while there is sound reasoning behind the Election Commission's actions, the timing raised some red flags.

"Your exercise is not the problem... it is the timing," Justice Sudhanshu Dhulia told the Election Commission. The court pointed out that voters removed from the list might not have enough time to contest their exclusion. "There is nothing wrong in the exercise... except that a person will be disenfranchised ahead of the election and s/he won't have the time to defend the exclusion before voting," Justice Dhulia further observed.

Highlighting the consequences of timing, Justice Dhulia said, "Courts will not touch the electoral roll once they are finalised... which means a disenfranchised person will lack the option to challenge it (the revised list) before the election."

Justice Joymalya Bagchi also weighed in, saying, "There is nothing wrong in having this intensive process so non-citizen do not remain on rolls... but it should be de hors (i.e., conducted separately from) this election."

The Supreme Court additionally voiced concern over the fact that Aadhaar is missing from the list of 11 documents accepted as proof of citizenship in Bihar. The bench questioned the necessity for the Election Commission to focus on citizenship verification, which, it noted, falls under the Ministry of Home Affairs' jurisdiction.

The judges asked, "Why are you getting into the citizenship issue in the special revision of electoral rolls in Bihar? It is the domain of the MHA." They also pointed out, "If you are to check citizenship under the SIR of electoral rolls in Bihar, then you should have acted early; it is a bit late."

In response, the Election Commission clarified that citizenship verification is fundamental to voter eligibility as per Article 326 of the Constitution.

During the ongoing hearing of multiple petitions contesting the SIR, the bench pressed the Election Commission on the necessity of linking this revision to the approaching Bihar Assembly elections, which are set for October-November.

Why Connect SIR To Bihar Elections?

"Why are you connecting the Special Intensive Revision to the forthcoming elections? Why can't it be irrespective of elections?" the court asked. "A detailed review and updating was completed in January 2025, Why not go by that?" the court further questioned.

The Election Commission countered by stating, "This is not relatable to elections, but it is an exercise which will be carried out in all states. Also, we will be giving a hearing to all those whose names are to be deleted."

The poll body has maintained that the Special Intensive Revision is a standard legal procedure conducted before every election and is part of a larger campaign aimed at eliminating illegal foreign nationals from voter lists in six states, starting with Bihar.

In its statement, the Election Commission affirmed, "The Constitution of India is supreme. All citizens, political parties, and the Election Commission of India follow the Constitution."

The Commission also highlighted the scale of its efforts, stating that approximately 78,000 Booth Level Officers (BLOs) are already deployed, with another 20,000 being appointed for new polling stations. In addition, over 1 lakh volunteers are helping to ensure that genuine voters-especially those who are elderly, unwell, disabled, impoverished, or otherwise disadvantaged-are not left out of the electoral process.

With inputs from agencies.