SC refuses to halt Bihar voter roll revision; expresses concerns over timing, asks to consider Aadhaar

The Supreme Court has expressed concerns over the timing of the Special Intensive Revision (SIR) of electoral rolls in Bihar, which is set to occur months before the state's Assembly elections. Despite these concerns, the court refused to halt the exercise but highlighted the need for a hearing scheduled for July 28.

The bench, led by Justices Sudhanshu Dhulia and Joymalya Bagchi, has requested the Election Commission of India (ECI) to include Aadhaar, voter ID card, and ration card as valid documents during the verification drive. However, the court also noted the potential issue of finalised electoral rolls leaving individuals without recourse if they are disenfranchised before elections.

The ECI's decision for a comprehensive revision followed large-scale additions and deletions in the last two decades that heightened the risk of duplicate entries. The revision, linked to the upcoming elections, has drawn criticism from opposition parties, notably the Congress and Rashtriya Janata Dal (RJD), who argue its timing is problematic.

Advocates Sankarnarayanan and Abhishek Singhvi, representing the petitioners, criticised the revision as arbitrary and discriminatory, particularly pointing out the exclusion of Aadhaar and voter identity cards from the list of accepted documents. Singhvi described the ECI's move as a "citizenship screening" exercise, challenging its fairness.

Senior advocate Kapil Sibal argued the burden of proving citizenship should not lie with individuals but rather with the ECI, which should possess the necessary material to classify someone as a non-citizen.

The ECI, defending its stance, maintained that Aadhaar cannot serve as proof of citizenship, a matter the court suggested should be addressed by the Home Ministry instead of the Election Commission.

Despite these contentions, the ECI counsel appealed for the continuation of the exercise, offering to submit the revised voter list for court review before its finalisation. The court agreed to review the completed process, indicating a cautious approach to ensuring electoral integrity.

The court's inquiry into the ECI's powers and the timing of its processes underscores the fundamental democratic right to vote, stressing the need for a transparent and fair verification process.