The Election Commission told the Supreme Court that the Bihar voter list revision ensures election purity by removing ineligible names. It said Aadhaar, voter ID, and ration card are used only for identification, not proof of citizenship.
New Delhi: On July 22, the Election Commission of India (ECI) defended its ongoing Special Intensive Revision (SIR) of the electoral rolls in Bihar, stating that the process aims to “weeding out ineligible persons” and will ultimately improve the fairness of the electoral process.
In a detailed affidavit filed before the Supreme Court in response to a plea challenging its June 24 order to conduct a nationwide SIR starting with Bihar, the Commission justified its action by saying that the exercise is essential to maintain the purity of elections and ensure only eligible voters remain on the electoral list.
The Election Commission stated in its affidavit,
“The SIR exercise adds to the purity of elections by weeding out ineligible persons from the electoral roll,”
It clarified that the right to vote is not absolute and is subject to legal conditions, saying:
“The entitlement to vote flows from Article 326 read with Sections 16 and 19 of the RP Act 1950 and Section 62 of the RP Act 1951 which contains certain qualifications with respect to citizenship, age, and ordinary residency. An ineligible person has no right to vote, and thus, cannot claim a violation of Articles 19 and 21 in this regard.”
The Commission also mentioned the July 17 order of the Supreme Court, which asked the ECI to consider using Aadhaar cards, voter IDs, and ration cards for the 2025 SIR process.
Responding to this, the ECI stated:
“In addition to the legal concerns already articulated hereinabove, these documents are, in fact, already being considered by the Commission for the limited purpose of identity, during the SIR process.”
The ECI explained that sharing of Aadhaar details is completely voluntary and used only to confirm a voter’s identity.
“A bare perusal of the enumeration form issued under the SIR Order reveals that the Aadhaar number may be voluntarily furnished by a person furnishing the enumeration form. Such information is utilised for the purpose of identification, in accordance with Section 23(4) of the Representation of the People Act, 1950, and Section 9 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.”
Section 23(4) of the Representation of the People Act, 1950 permits electoral officers to ask for Aadhaar numbers to confirm someone’s identity.
However, the Commission also pointed out that Section 9 of the Aadhaar Act makes it clear that an Aadhaar number is not proof of citizenship or place of residence.
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To ensure transparency and ease, the ECI said that every eligible voter in Bihar, except those who are temporarily away (like migrants), has been given a pre-filled enumeration form at their home by the Booth Level Officers (BLOs).
The affidavit added,
“That each and every existing elector has the same opportunity to provide all documents including proof of eligibility to the BLO at their place of residence. No elector is put through any hardship in comparison to the persons mentioned above. The same methodology has been utilised for all past SIRs as well. Moreover, the BLOs, BLAs (booth level agents), and volunteers are actively facilitating the obtaining of eligibility documents for all genuine electors who require assistance…,”
The Election Commission also gave a detailed update on the progress of the SIR in Bihar. As of July 18, out of 7,89,69,844 registered voters in the state, the Commission had collected enumeration forms from 7,11,72,660 voters, which is 90.12 percent of the total.
It further clarified that
“Accounting for deceased individuals, permanently shifted electors, and those enrolled in more than one place, the Form collection phase of the SIR has effectively covered 94.68 per cent of the nearly 7.9 crore-strong electorate in Bihar. The electorate who are untraceable despite multiple visits by the BLOs constitute a mere 0.01% of the total electors. As on July 18, 2025, only 5.2 percent electors remain to submit their filled EFs before the July 25 deadline.”
Grounds on Which the Election Commission Defended the Bihar Voter List Revision Before the Supreme Court
No Eligible Voter Will Be Left Out:
The ECI assured that the SIR process is designed to ensure inclusion, not exclusion.
“No eligible elector is left out from the electoral roll.”
Sufficient Time and Opportunity Provided:
The ECI dismissed concerns about disenfranchisement due to short deadlines.
“The Petitioners contention that the failure to submit Enumeration Form will result in disenfranchisement, and the period of thirty-one days for such submission is insufficient, is incorrect.”
ECI’s Constitutional Authority Under Article 324:
The Commission stated that it has plenary powers to supervise and prepare electoral rolls.
“Forms the bedrock of the ECI’s plenary authority in all matters relating to the preparation of electoral rolls.”
Burden of Proof Lies with the Individual Claiming Citizenship:
ECI argued it is the responsibility of the voter to prove eligibility, especially citizenship.
“The ECI, being a constitutional body, would have constitutional authority to determine whether the constitutional requirement of citizenship has been fulfilled…”
Procedural Safeguards Against Arbitrary Deletion:
No voter will be deleted from the roll without an inquiry and an opportunity to be heard.
“Shall not delete any entry from the draft rolls without conducting an enquiry and giving a fair and reasonable opportunity…”
Inclusivity Measures and Use of 2003 Roll:
Voters listed in the 2003 roll are exempted from providing new documents; others can use parental proof.
“Such children… would only have to produce evidence of their relationship with those electors whose names feature in the 2003 electoral roll…”
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