Supreme Court of India
Interim Order on Special Intensive Revision (SIR) of Electoral Rolls in Bihar
Case: Association for Democratic Reforms & Ors. v. Election Commission of India
W.P. (C) No. 640/2025
Date: August 14, 2025
Bench:
Hon’ble Mr. Justice Surya Kant
Hon’ble Mr. Justice Joymalya Bagchi
Interim Order
Background:
This matter pertains to a batch of petitions challenging the Election Commission of India’s (ECI) directive dated June 24, 2025, for conducting a Special Intensive Revision (SIR) of the electoral rolls in the State of Bihar ahead of the 2025 Legislative Assembly elections. The petitioners, including the Association for Democratic Reforms, Rashtriya Janata Dal, Congress, and others, have raised concerns regarding the deletion of approximately 65 lakh voter names from the draft electoral roll published on August 1, 2025, alleging potential disenfranchisement and lack of transparency in the revision process.
Issue of Transparency:
The Court has noted the petitioners’ submissions that the ECI’s process lacks adequate transparency, particularly with respect to the disclosure of names and reasons for the exclusion of electors from the draft electoral roll. The ECI’s initial stance, as per its affidavit, was that it is not statutorily required to publish a separate list of deleted voters or provide reasons for their non-inclusion, citing potential privacy concerns and the availability of booth-level agents to assist affected voters. However, this Court finds that the fundamental right of citizens to know the status of their inclusion in the electoral roll and the reasons for any deletion is paramount in a democratic republic. A high degree of transparency is essential to inspire confidence in the electoral process and uphold the constitutional right to vote under Article 326.
Directives to the Election Commission of India:
To address the concerns raised and ensure fairness, transparency, and accessibility in the ongoing Special Intensive Revision (SIR) process, this Court hereby issues the following interim directions:
a. Publication of Deleted Voter Lists:
The ECI shall, by 5:00 PM on August 19, 2025, publish a comprehensive, district-wise, booth-wise list of approximately 65 lakh electors excluded from the draft electoral roll published on August 1, 2025. The list shall include the individual reasons for each exclusion, including but not limited to death, migration, untraceability, or duplicate registrations.
b. Online Accessibility:
The lists shall be made available on the official websites of all District Electoral Officers (DEOs) and the Chief Electoral Officer of Bihar. The lists must be searchable by entering the Elector Photo Identity Card (EPIC) number to enable electors to verify their status conveniently.
c. Physical Display:
Booth-wise lists shall be prominently displayed on the notice boards of Booth Level Officers (BLOs), Panchayat Bhavans, and offices of Block Development Officers or Panchayat Officers to facilitate manual access for electors, particularly in rural and underserved areas.
d. Publicity Measures:
The ECI shall ensure wide publicity of the published lists through layman-friendly public notices in vernacular and English newspapers with high circulation in Bihar, on Doordarshan, radio channels, and authorized social media platforms of District Electoral Officers. The notices shall clearly inform electors of their right to challenge deletions and the procedure for filing claims for inclusion.
e. Aadhaar-Based Claims:
Aggrieved electors whose names have been omitted from the draft electoral roll may submit claims for inclusion, supported by a copy of their Aadhaar card, as a statutorily recognized proof of identity and residence, alongside other permissible documents. The ECI shall ensure that the process for submitting such claims is accessible and streamlined, with a deadline for filing objections extended to September 1, 2025.
f. Compliance Report:
The ECI shall compile proof of compliance from all Booth Level Officers and District Electoral Officers and submit a collated status report to this Court by August 22, 2025, at 2:00 PM, detailing the implementation of the above directions.
Rationale:
The Court emphasizes that the right to vote is a cornerstone of India’s democratic framework. The exclusion of electors from the electoral roll, particularly on a large scale, must be accompanied by transparent procedures to prevent disenfranchisement and ensure accountability. The publication of deleted voter names, along with reasons, addresses concerns about arbitrary exclusions and enables affected citizens to exercise their remedial rights independently, without reliance on political intermediaries or booth-level agents. The inclusion of Aadhaar as an acceptable document for claims simplifies the process for electors, particularly those from marginalized communities, while maintaining reasonable verification standards.
Observations on SIR Process:
The Court acknowledges the ECI’s authority under Section 21(3) of the Representation of the People Act, 1950, and Rule 31 of the Registration of Electors Rules, 1960, to conduct periodic revisions of electoral rolls to ensure their accuracy. The SIR exercise in Bihar, aimed at removing ineligible entries (e.g., deceased, migrated, or duplicate voters), is prima facie within the ECI’s constitutional mandate to conduct free and fair elections. However, the manner of execution must balance administrative efficiency with the protection of fundamental voting rights. The Court’s interim directions aim to enhance transparency without interdicting the ongoing revision process.
Pending Issues:
The substantive questions regarding the ECI’s authority to determine citizenship, the validity of the 2003 voter list as a cut-off, and the procedural modalities of the SIR remain under consideration. These issues, including the broader implications of Aadhaar as a proof of identity, shall be addressed in subsequent hearings.
Next Hearing:
The matter is listed for further hearing on August 22, 2025, at 2:00 PM, to review the ECI’s compliance with this interim order and address the remaining contentions raised by the petitioners.
Conclusion:
This interim order seeks to uphold the voters’ right to know and ensure procedural fairness in the electoral process. The ECI is directed to implement these measures promptly to safeguard the constitutional entitlement of Bihar’s electors to participate in the democratic process.
Ordered accordingly.
Sd/-
Hon’ble Mr. Justice Surya Kant
Hon’ble Mr. Justice Joymalya Bagchi
Date: August 14, 2025
Place: New Delhi
Note: This order is based on the Supreme Court’s interim directions issued on August 14, 2025, as reported by multiple sources, including The Hindu, The Indian Express, and Times Now, and reflects the Court’s emphasis on transparency and voter rights.
