The Supreme Court has signaled it will intervene if the Election Commission of India (ECI) causes mass voter exclusion during the ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar, ahead of the November 2025 Assembly elections. Justices Surya Kant and Joymalya Bagchi, hearing petitions challenging the ECI’s June 24 directive, emphasized that the ECI, as a constitutional authority, is expected to act lawfully but will face judicial scrutiny if significant voter disenfranchisement occurs. The court set August 12-13 for further hearings, urging petitioners and the ECI to submit written arguments by August 8.

Petitioners, represented by senior advocates Kapil Sibal and Prashant Bhushan, raised alarms over the potential exclusion of 65 lakh voters, whom the ECI claims are either deceased or have relocated. Bhushan argued these individuals must reapply for inclusion, risking their voting rights. Justice Bagchi challenged petitioners to provide evidence, stating, “Bring 15 people they say are dead but are alive, and we’ll act.” Sibal, representing RJD MP Manoj Jha, urged the ECI to list excluded voters in the draft roll, due August 1, to ensure transparency. The court assured that any omissions could be flagged for review.

The ECI, defended by senior advocate Rakesh Dwivedi, maintained that the SIR aims to purify electoral rolls by removing ineligible voters, a process not undertaken in Bihar since 2003. Dwivedi noted that Aadhaar and voter IDs are accepted with supporting documents, despite earlier exclusions, addressing concerns about forgery. The court, however, stressed “en masse inclusion” over exclusion, with Justice Kant noting, “Any document can be forged. Aadhaar and EPIC have a presumption of genuineness.” The ECI confirmed that excluded voters have 30 days post-draft publication to appeal for reinstatement.

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The controversy has sparked political backlash, with opposition parties like Congress and RJD alleging the SIR targets marginalized communities, potentially skewing the electoral process. The court encouraged political parties to assist voters in re-registering, likening their role to NGOs. With the draft roll set for August 1 and the final roll by September 30, the Supreme Court’s oversight ensures the ECI’s process remains under scrutiny to protect democratic rights.

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