In a significant interim order concerning the Bihar Special Intensive Revision (SIR) case, the Supreme Court has ruled that individuals whose names have been removed from the state's voter lists are now permitted to use their Aadhaar cards to challenge the deletion. This decision marks a change from the Election Commission's (EC) earlier stance, where it had resisted accepting Aadhaar, arguing that while it serves as proof of identity, it is not a valid proof of citizenship.
It remains uncertain whether Aadhaar will be accepted as an eligible document for Special Intensive Revision exercises in other states. For the time being, this option is available exclusively to those whose names were removed from the voter lists in Bihar, which is scheduled for upcoming elections.
A bench composed of Justice Surya Kant and Justice Joymalya Bagchi issued the interim order, instructing the EC to publicly release the list of 65 lakh names that were struck off the voter list following the SIR, along with the specific reasons for their deletion. The court mandated that these lists must be publicised through advertisements to allow affected citizens to approach the poll body for corrections.
"Aggrieved persons may submit their claims along with a copy of their Aadhaar cards," Justice Kant said while reading the order. Aadhaar was not among the 11 documents the EC had initially approved for the voter list review. Petitioners had previously argued that this exclusion would unfairly disadvantage millions of people, particularly those from underprivileged communities.
Advocate Prashant Bhushan, representing the Association for Democratic Reforms, confirmed to the media that "The court has directed the Election Commission to advertise that they are going to accept the Aadhaar card in addition to the 11 documents they have specified."
During earlier proceedings, Senior Advocates Kapil Sibal and Abhishek Singhvi had raised concerns about the exclusion of Aadhaar from the list of eligible documents. At that time, the court had pointed to Section 9 of the Aadhaar Act, which clarifies that it is not to be considered proof of citizenship.
However, during today's hearing, Justice Bagchi asserted that Aadhaar is a "statutorily recognised document for identity and residence." When Senior Advocate Gopal Sankaranarayanan mentioned that the poll body was already accepting Aadhaar, Justice Bagchi corrected him, saying, "No, no they have to." Justice Kant added, "It is a statutory obligation. It has to be there."
Also Read: Bihar SIR: 17,665 claims filed, none by political parties
The bench's interim order stated, "We have briefly heard the Election Commission of India. During the course of the hearing, the following steps are agreed: ECI will, as an interim measure, take the following steps: list of 65 lakh voters whose names appeared in 2025 list but are not included in the draft list shall be displayed on the district-level websites."
The order further specified that this list must include the reason for deletion from the draft roll. It also required that "Wide publicity shall be given in vernacular language newspapers which have maximum circulation, and it must be broadcast and telecast on Doordarshan and other channels. The district election officer, if they have a social media handle, shall display the notice there as well."
Senior Advocate Shadan Farasat said that the ruling would provide significant relief to many of those affected. "At least they will come to know why their names have been deleted from the voter list and can file an appeal. This is a major relief. They can also submit Aadhaar. We will continue our legal battle," he said.
Also Read: Bihar SIR gets no political party challenge
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