Supreme Court Grants Major Relief to Election Commission in Bihar Voter List Revision Case

On: Thursday, July 10, 2025 6:12 PM

Supreme Court Grants Major Relief to Election Commission in Bihar Voter List Revision Case

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Bihar Voter List Revision Case: The Supreme Court has given significant relief to the Election Commission regarding voter list revision in Bihar. The court ruled that the special intensive revision of voter lists will continue, but suggested the Commission should consider including documents like Aadhaar, Voter ID, and ration cards. The court observed that while the EC’s move is constitutionally valid, it has come somewhat late. During the hearing, the Election Commission made important remarks about Aadhaar cards.

A bench comprising Justices Sudhanshu Dhulia and Joymalya Bagchi heard petitions challenging the intensive voter revision in Bihar. Former Attorney General KK Venugopal represented the Election Commission, while Kapil Sibal and Gopal Shankar Narayan argued for the petitioners.

The bench questioned the exclusion of Aadhaar from the list of documents for the special intensive revision of Bihar’s voter lists, clarifying that the Election Commission has no jurisdiction over determining citizenship, which falls under the Home Ministry’s purview.

‘Aadhaar Not Proof of Citizenship’

Senior advocate Rakesh Dwivedi, appearing for the Election Commission, cited Article 326 of the Constitution, stating that every voter must be an Indian citizen and that “Aadhaar card is not proof of citizenship.”

The Supreme Court proposed that the Election Commission could use Aadhaar, ration cards, and Voter ID cards for identity verification during voter list revision, leaving the final decision to the EC. The legal debate will continue on July 28.

‘Aadhaar Doesn’t Establish Citizenship’

Kapil Sibal argued that Booth Level Officers (BLOs) shouldn’t have the authority to determine citizenship. In response, EC’s lawyer Rakesh Dwivedi stated that the list of 11 documents provided is non-exhaustive, with each serving different purposes. He emphasized that “Aadhaar doesn’t prove citizenship,” as stated in the Aadhaar Act.

The court initially opined that in the interest of justice, the EC should consider including Aadhaar, ration cards, and voter ID cards during Bihar’s ongoing special intensive voter list revision.

‘Just an Identity Document…’

The Election Commission explained in the Supreme Court the rationale behind demanding 11 specific documents. The EC stated: “There’s a purpose behind requiring these 11 documents. Aadhaar card is governed by the Aadhaar Act. About 60% of people have already filled the forms, with more than half already uploaded. Aadhaar can never be proof of citizenship – it’s merely an identity document. Caste certificates don’t depend on Aadhaar. Aadhaar is just an ID, nothing more.”

In Kishanganj district, which has a 70% Muslim population, Deputy Chief Minister Samrat Choudhary made significant remarks about residential certificate applications, claiming that 1.27 lakh people applied in just six days. He suggested this indicates the presence of infiltrators, linking it to state security and voter list purity.

Following the Supreme Court’s directions, BJP spokesperson Kuntal Krishna stated that the SC has clearly ordered the continuation of special revision in Bihar, calling it “a strong constitutional slap on the opposition’s face.” He urged opposition parties to stop blaming constitutional institutions and support the Election Commission’s process.

Petitioner Yogendra Yadav said the Supreme Court will now monitor Bihar’s entire Special Intensive Revision (SIR) process, calling it their first major victory. He had argued that the EC’s revision method amounted to “voter suppression,” an attempt to deprive common people of voting rights.

Santosh Suman, Bihar minister and son of Jitan Ram Manjhi, welcomed the Supreme Court’s order, saying it ensures no legitimate voter will be deleted and no illegitimate names will be added. He accused the opposition of spreading confusion.

Election Commission in Bihar,Supreme Court,Voter List Revision Case