The Bihar voter list row reaches the Supreme Court as concerns grow over mass deletions. Here are 10 key points explaining the legal and political controversy in detail.
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NEW DELHI: As Bihar moves closer to its assembly elections, major controversies are arising over the Election Commission’s controversial Special Intensive Revision (SIR) of the state’s voter list. The matter has now reached the Supreme Court, with serious concerns about voter disenfranchisement being raised by opposition parties and civil society groups.
10 Points on the Bihar Voter List Controversy
Supreme Court Hearing Today:
The SIR of Bihar’s electoral rolls is under legal scrutiny, with a two-judge bench of the Supreme Court hearing the case today. Petitioners argue that the process is flawed and risks disenfranchising lakhs of genuine voters.
Fears of Mass Disenfranchisement:
The core argument of the petitioners is that the SIR will lead to large-scale deletion of legitimate voters due to documentation issues or arbitrary criteria, potentially impacting election outcomes.
Political Allegations:
Opposition parties like the RJD, Congress, CPI(ML) Liberation, and CPM have alleged that the voter list revision disproportionately affects communities and regions hostile to the BJP-led alliance. They claim the ruling alliance may benefit from the removal.
EC’s Justification: Constitutional Duty:
The Election Commission (EC) has strongly defended the exercise, saying it is fulfilling its constitutional mandate by removing the names of those who are dead, migrated, or registered in multiple places.
Draft Voter List on August 1:
The EC has promised transparency, stating that the draft voter list will be published on August 1, followed by a month-long period during which citizens can raise objections or request corrections.
SC Mandates Core Documents:
To ensure fairness, the Supreme Court has directed the EC to accept three essential documents for voter verification:
- Aadhaar Card
- Electoral Photo Identity Card (EPIC)
- Ration Card
Document Disputes:
However, the EC argues that Aadhaar, EPIC, and ration cards are vulnerable to forgery, raising doubts about their credibility for determining voter eligibility.
Flawed Verification Process?:
Petitioners and rights activists argue that many deletions are happening because voters are unable to produce the “right” documents, especially among the poor, rural, or marginalised populations.
Singhvi Slams EC Overreach:
At a press conference with Left and RJD leaders, Congress’s Abhishek Manu Singhvi condemned the EC’s methods, saying the SIR has turned into a “citizenship test”, not a routine revision. He urged the Commission to “reconsider” and respect democratic participation.
Data Released by the Election Commission:
According to the EC:
- 22 lakh voters are reported dead
- 36 lakh have moved or are untraceable
- 7 lakh are enrolled in multiple constituencies
Bihar Voter List Revision: What is the Controversy
The Election Commission (EC) initiated the special intensive revision of Bihar’s voter list with the stated aim of cleaning up the electoral rolls by removing names of deceased individuals, migrants, and duplicate entries. According to the EC, around 52 lakh entries have already been deleted, with a notable number of voters reportedly residing abroad.
However, the move has drawn significant criticism due to its timing, coming just months before the Assembly elections. Questions have also been raised over the exclusion of widely accepted IDs like Aadhaar and voter ID cards for verification, creating hurdles for many citizens.
Additionally, concerns have been voiced regarding the accessibility of the process for out-of-state or rural voters, and allegations have surfaced that the revision disproportionately affects marginalized communities, potentially skewing the electoral landscape.
While opposition parties such as the RJD and Congress have vocally condemned the revision, claiming it serves the political interests of the ruling BJP, Chirag Paswan, Union Minister and BJP ally, defended the process:
“Online forms can be filled… families can help those living outside Bihar. The process has been simplified.”
Supreme Court
The Supreme Court on July 10th 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…”
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
Writ Petition(s)(Civil) No(s). 640/2025
READ ORDER HERE
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