SC Warns Bihar SIR Could Be Set Aside If Any Illegality Found

The Supreme Court on Monday cautioned that it would nullify the Special Intensive Revision (SIR) of electoral rolls in Bihar if any illegality is detected, while declining to halt the Election Commission of India (ECI) from conducting similar exercises nationwide. A bench of Justices Surya Kant and Joymalya Bagchi, hearing challenges to the Bihar SIR, fixed October 7 for final arguments, stating that its ruling on Bihar would influence pan-India SIR processes. The court emphasized the ECI’s status as a constitutional body presumed to follow legal protocols but warned, “If we find any illegality in the methodology at any stage, the entire exercise will be set aside.”

The SIR, the first in Bihar since 2003, reduced the state’s voter count from 7.9 crore to 7.24 crore, sparking controversy. Opposition parties, including the Rashtriya Janata Dal (RJD) and Congress, allege the exercise targets marginalized groups to suppress voting rights, while the ECI claims it aims to remove deceased, duplicate, or non-citizen voters. Advocate Prashant Bhushan, representing RJD, criticized the ECI for lack of transparency, noting that only 30% of objections and addition requests were uploaded online, violating ECI rules requiring daily updates. The bench, however, refused to issue interim opinions, stating the final electoral roll publication on September 30 would not affect adjudication.

The court also issued notice on a plea by advocate Ashwini Upadhyay seeking to recall its September 8 order, which included Aadhaar as the 12th document for voter registration. Upadhyay argued that Aadhaar, obtainable by foreigners and not proof of citizenship, age, or residence per prior court rulings, risks undermining the SIR’s integrity, especially with claims of over one lakh Rohingya and Bangladeshi nationals in Bihar. The bench clarified that Aadhaar’s use is interim and subject to ECI verification, noting that even documents like driving licenses can be forged. Senior advocate Gopal Sankarnarayanan, for the Association for Democratic Reforms, urged scrutiny to prevent a “perversion of the constitutional scheme,” while Abhishek Singhvi, representing opposition parties, sought urgent hearings given the ECI’s nationwide SIR plans.

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The court permitted petitioners to argue on the national SIR’s legality on October 7, balancing the ECI’s autonomy with judicial oversight. The Bihar SIR, launched in July 2025, has fueled political tensions, with opposition leaders alleging voter disenfranchisement ahead of the 2026 assembly polls, while the ECI defends its efforts to ensure a clean electoral roll. The court’s forthcoming verdict is expected to set a precedent for voter list revisions across India.

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