Supreme Court scrutinizes ECI’s Special Revision move in Bihar; Aadhaar inclusion urged for voter verification.

Case in News

Supreme Court tells ECI to consider Aadhaar in Bihar voter list revision amid time constraints .

Case Overview

Case Name– Association for Democratic Reforms and Ors. v. Election Commission of India & connected matters

On July 10, 2025 the Supreme Court bench of Justices Sudhanshu Dhulia and Joymalya Bagchi heard multiple petitions against the Election Commission of India’s “Special Intensive Revision” (SIR) of the Bihar electoral rolls . The Court observed that the ECI’s list of acceptable documents to prove citizenship was illustrative, not exhaustive, and asked the ECI to consider Aadhaar, voter ID and ration cards as part of the identity verification process .

Key Aspects

The matter sparked a nationwide debate over the legality, fairness and timing of the SIR process . Petitioners argue that the process is likely to exclude millions of genuine voters particularly among marginalized communities . Below are the key facts and issues raised before the Court :

• ECI’s June 24 order excluded Aadhaar, voter ID and ration cards from accepted citizenship documents .
  
• Petitioners include opposition leaders, civil rights activists and organisations like ADR, PUCL .
  
• Allegations that the SIR is arbitrary, lacks statutory backing and may disenfranchise vulnerable voters .
  
• Disputed 2003 cut-off year and short timelines ahead of Bihar elections .

Legal Insights

The case hinges on key constitutional and statutory provisions concerning electoral rights and procedural safeguards :

• Article 326, Constitution of India – Establishes the right to vote for citizens above 18 years .
  
• Article 14, Constitution of India – Guarantees equality before the law; challenged on discrimination grounds .
  
• Article 21, Constitution of India – Protects the right to life and personal liberty, including voting rights .
  
• Article 325, Constitution of India – Prohibits exclusion from electoral rolls on the basis of religion, race, caste or sex .
  
• Section 21(3), Representation of the People Act, 1950 – Permits the ECI to conduct special revisions in a manner it deems fit .
  
• Section 22, Representation of the People Act, 1950 – Governs correction and inclusion in electoral rolls with due process .
  
• Rule 21A, Registration of Electors Rules, 1960 – Requires that due notice be given before deleting any name from the electoral roll .

Court’s Verdict

The Supreme Court told ECI to consider Aadhaar, voter ID, and ration cards but emphasized that this is not a binding directive . The Court underscored the importance of procedural fairness and realistic timelines given the impending Bihar elections in November 2025 . The next hearing is scheduled for July 28 .

Source – Supreme Court of India 

Read also – Article 14 of Constitution of India