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Election Commission, Bihar & Special Intensive Revision
Dyoo
July 22, 2025
The Election Commission of India (ECI) has provided a critical assurance to the Supreme Court that an individual's citizenship will not be terminated if they are found ineligible for registration in the electoral rolls during the ongoing Special Intensive Revision (SIR) in Bihar.This clarification comes amid mounting concerns about the potential disenfranchisement of millions of voters ahead of the state's assembly elections.
In its detailed affidavit submitted to the Supreme Court on July 21, 2025, the ECI made an unambiguous distinction between determining voter eligibility and citizenship termination. The Commission stated that "determination of non-eligibility under Article 326 will not lead to cancellation of citizenship", emphasizing that the SIR is an "inclusionary exercise aimed at ensuring purity of electoral rolls".
This assurance addresses one of the most significant concerns raised by petitioners, who argued that the SIR process could effectively function as a backdoor citizenship test. The ECI clarified that while it has the constitutional authority to verify whether an applicant meets the citizenship requirement for voter registration, it does not possess the power to adjudicate or terminate citizenship status.
The Election Commission defended its authority to conduct the SIR by invoking Article 324 of the Constitution, which grants it plenary powers over election superintendence, and Article 326, which mandates that only Indian citizens aged 18 or above are entitled to vote. The Commission argued that its obligation to verify citizenship for electoral purposes flows directly from these constitutional provisions and Sections 16 and 19 of the Representation of the People Act, 1950.
However, the ECI was careful to delineate the boundaries of its authority. It stated that it is "not undertaking any independent exercise of determining or adjudicating upon the question of citizenship, but only discharging its duty to ensure that names of non-citizens are not included in the electoral roll". This distinction is crucial because it separates the ECI's role from that of competent authorities under the Citizenship Act, 1955.
During the July 10 hearing, the Supreme Court expressed skepticism about whether citizenship determination falls within the ECI's jurisdiction. Justice Joymalya Bagchi noted that "citizenship determination is a separate issue and the prerogative of the Ministry of Home Affairs". The bench questioned whether the ECI was overstepping its constitutional mandate by effectively conducting what appeared to be a citizenship screening exercise.
The court also highlighted a logical inconsistency in the ECI's approach. Justice Bagchi observed that "even these other documents by themselves don't prove citizenship", referring to the 11 documents currently accepted by the ECI while excluding more accessible forms of identification like Aadhaar cards.
The SIR exercise has raised particular concerns about its impact on marginalized communities, migrant workers, and economically disadvantaged populations in Bihar. Opposition parties and civil society organizations have argued that the stringent documentary requirements could disproportionately affect those who lack formal documentation, despite having voted in previous elections.
The Association for Democratic Reforms (ADR) estimated that over three crore voters, especially from scheduled castes, scheduled tribes, and migrant worker communities, risk being excluded from the electoral rolls due to the stringent documentary requirements and tight deadlines. Bihar's high poverty rates and significant migrant population make these concerns particularly acute.
The Supreme Court questioned the timing of the SIR, noting that such a comprehensive exercise should have been initiated much earlier given the upcoming assembly elections in November 2025. The court expressed concern that the compressed timeline might not allow adequate opportunity for those excluded from the rolls to seek redressal before the elections.
The ECI reported that as of July 18, 2025, enumeration forms had been collected from over 7.11 crore electors, representing 90.12% of the total 79 million electors in Bihar. However, critics argue that form submission alone does not guarantee inclusion in the final electoral rolls.
The current controversy echoes earlier Supreme Court decisions, particularly the 1995 Lal Babu Hussein v Electoral Registration Officer case, where the court established guidelines protecting voters from arbitrary exclusion and emphasized the need for due process in citizenship-related inquiries. The court had then held that the burden of proving non-citizenship should rest with the authorities, not the individual voters.
The ongoing litigation represents a critical test of the balance between electoral integrity and voting rights protection. With the next hearing scheduled for July 28, 2025, the Supreme Court's final decision will likely have far-reaching implications for electoral administration across India.
While the ECI's assurance that citizenship will not be terminated based on electoral roll eligibility provides some relief, the broader questions about the SIR's implementation, timing, and potential for disenfranchisement remain unresolved. The Supreme Court's careful scrutiny of the process reflects the delicate balance between ensuring electoral integrity and protecting the fundamental right to vote in the world's largest democracy. The final outcome of this legal challenge will significantly influence how electoral roll revisions are conducted in the future and whether additional safeguards are necessary to protect vulnerable populations from inadvertent disenfranchisement.
1. India Today (July 22, 2025)
Title: "Exclusion from Bihar voter roll won't affect citizenship: Poll body to top court"
2. MoneyControl (July 22, 2025)
Title: "Aadhaar, voter ID and ration cards can't be considered for SIR: Election Commission"
3. MoneyControl (July 22, 2025)
Title: "SIR in Bihar transparent, not discriminatory, EC tells Supreme Court in affidavit"
4. Live Law (July 10, 2025)
Title: "Citizenship Determination Isn't Election Commission's Job"
5. Live Law (July 21, 2025)
Title: "Election Commission Has Power To Verify Citizenship : ECI Tells Supreme Court In Bihar SIR Matter"
6. SCC Online (July 11, 2025)
Title: "SC urges ECI to accept Aadhaar, Ration Cards, and EPICs for voter identity"
7. SC Observer (July 16, 2025)
Title: "Challenge to the ECI's Revision of Electoral Rolls in Bihar"
8. SC Observer (July 10, 2025)
Title: "Revision of Electoral Rolls in Bihar | Day 1: Petitioner's apprehensions about SIR are 'speculative,' says ECI"
9. SC Observer (July 21, 2025)
Title: "Trusting the Election Commission"
10. NDTV (July 15, 2025)
Title: "Amid Row In Bihar, NDTV Explains 'Special Intensive Revision' Of Voter Lists"
11. NDTV (July 21, 2025)
Title: "Have To Remove Fake Voters: Poll Body To Top Court On Bihar Roll Revision"
12. The Indian Express (July 11, 2025)
Title: "Bihar Special Intensive Revision: As Supreme Court hearing starts, recalling a key case from 1977"
13. The Indian Express (July 20, 2025)
URL: https://indianexpress.com/article/political-pulse/india-bihar-electoral-roll-revision-10135903/
Title: "World's largest democracy deserves better than an electoral roll revision done under a cloud"
14. Economic Times (July 20, 2025)
Title: "ECI firm on Aadhaar, ration card exclusion ahead of Supreme Court hearing on Bihar voter revision"
15. Economic Times (July 22, 2025)
Title: "Aadhaar, voter ID, ration card can't prove voter eligibility, not valid for Bihar electoral roll revision exercise: EC tells SC"
16. News18 (July 22, 2025)
Title: "Aadhaar, Voter ID, Ration Card Can't Be Considered For SIR: EC Defends Document List In SC"
17. The New Indian Express (July 21, 2025)
Title: "Election Commission files affidavit in SC, defends Bihar SIR exercise"
18. Deccan Herald (July 21, 2025)
Title: "Bihar Voter List Revision: EC Defends Exercise in SC, Cites Electoral Integrity"
19. The Statesman (July 22, 2025)
Title: "Forms from 90.12 pc electors have been collected: ECI tells SC"
20. News on Air (Government Source)
URL: https://www.newsonair.gov.in/sc-permits-eci-to-proceed-with-sri-in-bihar/
Title: "SC permits ECI to proceed with SIR in Bihar"
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