Today, On 16th October, In the Bihar SIR Row, The Supreme Court emphasized that the Election Commission of India is fully aware of its duties and is legally bound to publish all changes in the electoral rolls without delay, ensuring transparency and accountability.
New Delhi: The Supreme Court addressed petition concerning deletions from the final Bihar voter list, highlighting transparency issues in the Election Commission’s processes and ordering deployment of legal aid to affected voters.
A bench comprising Justices Surya Kant and Joymalya Bagchi is hearing the case.
During the hearing, Justice Surya Kant stressed caution and order in the proceedings, stating,
“Let’s hear the Election Commission first, don’t be impatient.”
After the petitioner requested the publication of lists showing deleted and added voters, Justice Kant stated,
“They ECI know their responsibility and after doing addition and deletion, they are bound to publish it and the matter is not closed.”
Advocate Prashant Bhushan informed the Court that his affidavit had been verified, adding,
“My affidavit has been verified, all voter details are correct.”
However, Justice Kant clarified,
“Matters not affecting merits won’t be considered.”
Senior Advocate Rakesh Dwivedi noted that an affidavit had been filed just an hour ago, while Bhushan highlighted the Election Commission’s response to their submissions,
“EC has replied to our October 8 affidavit and Yogendra Yadav’s submissions. With finalization a day away, fresh deletions in draft rolls haven’t been revealed. Final roll will differ and isn’t on the website yet.”
The Court emphasized transparency, with Justice Kant stating:
“Final list must be shared with all parties and polling agents.”
Bhushan pushed for public access to the voter list, saying,
“Frozen voter list should be published online.”
Dwivedi responded that time remained, noting,
“There’s still time until tomorrow.”
Justice Kant directed the Election Commission,
“EC must publish after additions and deletions, matter not closed.”
Bhushan raised concerns about changes in booth numbers, adding,
“Booth numbers of voters have also been changed. With elections imminent, the court can’t alter the list, but at least the list and deletions should be made public.”
The Court assured,
“They are also planning to publish it.”
Bhushan criticized the delay,
“If they were that responsible they should have published some pre final list.”
Dwivedi also pointed out ongoing issues, saying,
“Documents are still being forged and false statements made to mislead the court.”
Bhushan further clarified,
“He only mentioned that his name appeared in the draft roll.”
Justice Kant then permitted the Election Commission’s reply to be shared with all parties and gave liberty to Bhushan,
“Let the ECI reply be shared with the parties. Mr Bhushan has liberty to file a rejoinder within 10 days.”
Senior Advocate Sankarnarayanan added,
“None of us represent any party. This is completely unconstitutional. The Representation of the People Act is being ignored, and some enumeration data has been submitted. They must respond to our constitutional arguments.”
The Supreme Court finally directed,
“The list will be finalized on November 4. Please submit a note on the deletions along with your arguments on the constitutional issues.”
In the Previous hearing, The court addressed concerns that many among the 3.66 lakh voters removed from the final list were not given individual orders of deletion, an assertion strongly refuted by the Election Commission.
Earlier, On July 10, the Bench instructed the ECI to accept Aadhaar cards, ration cards, and EPICs as valid forms of identification for voter inclusion. Subsequently, it permitted the publication of the draft electoral rolls on August 1, while cautioning that it would step in if there were instances of “mass exclusion.”
Earlier, On September 8, the court had ordered the Election Commission to accept Aadhaar as proof of identity, adding it to the list of 11 other acceptable documents.
However, it clarified that Aadhaar could not be used to prove citizenship. On Monday, the bench issued a notice regarding the petition for modification and scheduled October 7 for final arguments on the legitimacy of the SIR process.
Earlier, On August 6, the Court learned that 6.5 million names were removed from the draft electoral roll published on August 1. The ECI assured the Court that no names would be removed without prior notice, an opportunity for a hearing, and a reasoned order from the appropriate authority.
The Election Commission of India (ECI), On 24 June 2025, started a Special Intensive Revision (SIR) of the electoral rolls in Bihar before the Assembly elections. Under this process, voters were asked to provide updated documents, but many citizens did not have them.
Opposition parties and several NGOs criticised this move, saying it could deprive a large number of genuine voters of their right to vote. They approached the Supreme Court (SC), calling the ECI’s action arbitrary and against the Constitution.
Leader of the Opposition Rahul Gandhi, along with others such as RJD leader Tejashwi Yadav, participated in a Voter Adhikar Yatra in Bihar to protest what they describe as widespread vote theft aimed at benefiting the BJP, allegedly in collusion with the Election Commission.
The Opposition contends that the Bihar SIR is a significant part of this scheme.
The Commission, On 1 August 2025, released the draft electoral roll, which showed a total of 7.24 crore registered voters. At the same time, around 65 lakh names were removed from the list.
Petitioners, including the Association for Democratic Reforms (ADR), requested the Supreme Court to order the ECI to make public the full list of voters whose names were dropped, along with the reasons for each deletion. They said that without such transparency, many citizens might lose their right to vote without being given a fair chance to object.
Case Title: ASSOCIATION FOR DEMOCRATIC REFORMS AND ORS. Versus ELECTION COMMISSION OF INDIA, W.P.(C) No. 640/2025 (and connected cases)
Click Here to Read Previous Reports on Bihar SIR Row
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