The Supreme Court on Tuesday observed that the inclusion and exclusion of citizens and non-citizens from the electoral rolls falls within the remit of the Election Commission of India (ECI). The Apex Court also backed EC's stand that Adhar is not proof of citizenship, as the petitioners challenged Bihar's voter roll revision, citing mass exclusions.
The Bench of Justices Surya Kant and Joymalya Bagchi also remarked that ECI was right in stating that an Aadhaar card is not conclusive proof of citizenship.The Court also did not agree with the submission that the people in Bihar do not have the majority of documents sought by the ECI as proof during the Special Intensive Revision (SIR)."This is a case of trust deficiency that's all," Justice Kant remarked during the hearing.
The Court was hearing a batch of petitions challenging the ECI’s June 24 directive ordering an SIR of electoral rolls ahead of the upcoming State assembly elections.One of the petitioners, Association of Democratic Reforms (ADR), has argued that SIR can arbitrarily and without due process disenfranchise lakhs of citizens from electing their representatives, thereby disrupting free and fair elections and democracy in the country.
On August 6, the Court was told that 65 lakh names were dropped from the draft Bihar electoral roll published on August 1.
The ECI in a response has assured the Court that no name will be struck off from Bihar’s draft electoral roll without prior notice, a hearing opportunity and a reasoned order from the competent authority.
During the hearing today, the petitioners' counsel Senior Advocate Kapil Sibal highlighted a case where 12 alive people have been shown to be dead by the electoral authorities.Senior Advocate Rakesh Dwivedi, representing the ECI, said that the roll published was only a draft and that such a large exercise is bound to have errors. At this, the Court said,"We have to ask you how many are identified as dead persons... your authorities must have done some work."Senior Advocate Gopal Sankaranarayanan, also appearing for the petitioners, said that the SIR had already resulted in mass exclusion. However, the Court said,"Mass exclusion will depend on facts and figures."
The Court then dealt with the documents included in the list for showcasing proof of identity during the SIR. Sibal argued that most of the enlisted documents are not available to people in Bihar. However, Justice Kant called it a sweeping argument and pointed to various documents that would be available to people.Sibal then submitted that the electoral authorities do not even accept Aadhaar and ration cards."Once I give Aadhaar, I prove my residence...but then the burden lies on the person saying that the document is not correct," he added.
The Court also looked into the number of people excluded in the SIR. Sibal questioned the level of inquiry done to exclude the voters, arguing that even those included in the 2025 summary roll have been excluded in the SIR. At this, Justice Bagchi said,"This inclusion in summary revision roll does not give you a carte blanche inclusion into the intensive revision roll."Justice Kant also remarked that ECI was correct in saying that Aadhaar can't be accepted as a conclusive proof of citizenship."It has to be verified. See Section 9 of Aadhaar Act," the Court said.
Senior Advocate Abhishek Manu Singhvi argued that there is a presumption of citizenship and highlighted the short time period within which the entire process is taking place just ahead of the elections. He further submitted that crores of people cannot be declared invalid on the basis of presumption.Meanwhile, Advocate Prashant Bhushan questioned the decision to make draft roll non-searchable.
At the end of hearing, psephologist Yogendra Yadav also addressed the Bench on the issue. The hearing will continue on Wednesday.
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