Bihar Deputy CM Vijay Sinha welcomes Supreme Court’s decision allowing voter list revision in Bihar; questions opposition’s stance on constitutional institutions.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: The Supreme Court’s green signal to continue the Special Intensive Revision (SIR) of the electoral rolls in Bihar has triggered strong political reactions, renewed the debate around the nature of the right to vote, and highlighted the tension between electoral transparency and disenfranchisement concerns.
The apex court, while allowing the Election Commission of India (ECI) to proceed with the SIR exercise in Bihar, maintained that the right to vote is not a fundamental right under the Indian Constitution, though it remains a legal right under Section 62(1) of the Representation of the People Act, 1951.
The hearing of the case has been scheduled for July 28, during which the Election Commission will file a counter-affidavit presenting details of the ongoing process.
The Special Intensive Revision is an exercise initiated by the ECI to revise and update the state’s voter rolls. The procedure involves verification of documents and field-level scrutiny to ensure that only eligible citizens remain on the electoral lists.
However, opposition parties have opposed the drive, citing short deadlines, documental rigidity, and the risk of disenfranchisement, especially for economically weaker or marginalized communities lacking updated documentation.
A key point of contention was the use of Aadhaar, voter ID, and ration cards in the verification process. The Supreme Court clarified that:
“If the Election Commission so desires, it can accept those three documents. This is the domain of the Election Commission. There is no interference in it.”
This indicates judicial restraint, with the Court affirming ECI’s administrative autonomy while keeping the door open for procedural flexibility.
Deputy Chief Minister Vijay Sinha welcomed the Court’s decision, lashing out at the opposition for their “double standards”:
“We welcome the decision of the honourable court, we have faith in it. On the one hand, they claim to have faith in the Constitution; on the other hand, they insult constitutional institutions… This is very unfortunate.”
His statement underlines the ruling alliance’s interpretation of the verdict as a vindication of their stand on voter list integrity.
Advocate Ashwini Upadhyay stressed:
“Voting is not a fundamental right, but a free and fair election is. As long as intruders vote in India, it cannot be considered a free and fair election.”
He referenced the Supreme Court judgment in Bhim Rao Baswanth Rao Patil v. K. Madan Mohan Rao, where the Court reiterated that democracy is a basic feature of the Constitution, but the right to vote does not figure in Part III as a fundamental right. It exists as a statutory right, separate from rights available to all residents, including foreign nationals.
As per Advocate Barun Kumar Sinha, the ECI will continue with the SIR process until the July 28 hearing, when it must present its findings and justifications through a counter-affidavit. The Supreme Court’s current position grants the ECI full discretion to accept or reject identity documents in the process, provided it’s done with reasoned justification.
What Supreme Court Said
The Supreme Court on Thursday declined to halt the Special Intensive Revision (SIR) of electoral rolls in Bihar, where assembly elections are due.
A Bench comprising Justices Sudhanshu Dhulia and Joymalya Bagchi allowed the Election Commission of India (ECI) to continue the process but asked it to consider Aadhaar, voter ID, and ration cards for verification, while leaving the final decision to the ECI’s discretion.
The court observed that three key issues were involved: the ECI’s authority to conduct the exercise, the manner of its implementation, and the timing of the revision ahead of the November elections. The Court said,
“After hearing both sides, we are of the prima facie opinion that three questions are involved in this case: (a) The very powers of the election commission who under take the exercise, (b) the procedure and how the exercise is being undertaken, and (c) the timing, including the timings given for preparation of draft electoral rolls, asking objections and making the final electoral roll, etcetera, which is very short because Bihar elections are due in November…”
ALSO READ: “Supreme Court Will Now Keep an Eye”: Yogendra Yadav Hails Win in Bihar Voter List Battle
It directed the matter to be heard again on July 28, with the ECI to file a counter-affidavit by July 21. The petitioners, represented by senior advocates including Kapil Sibal, A M Singhvi, and Gopal Sankaranarayanan, raised concerns over the feasibility of the process, calling it an “impossible task.” The Court stated,
“We believe the matter warrants a proper hearing. Therefore, it should be listed before the appropriate bench on July 28. In the meantime, the Election Commission is directed to file its counter-affidavit within one week, i.e., by July 21. Any rejoinder, if necessary, should be submitted before July 28”
The Bench further noted,
“Mr. Rakesh Dwivedi has acknowledged that the list of 11 documents accepted by the Election Commission for voter verification is not exhaustive. In the interest of justice, we are of the view that the Commission should also take into consideration Aadhaar cards, EPIC (voter ID) cards issued by the ECI, and ration cards, as these would address the concerns of most petitioners.”
Case Title: Association for Democratic Reforms & Ors. versus Election Commission of India
READ ORDER HERE
Click Here to Read More Reports On Bihar Voter Roll Revision
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
