Bihar Electoral Roll Revision: Supreme Court Asks EC To Consider Aadhaar, Voter ID And Ration Card As Acceptable Documents

The Supreme Court on Thursday (10 July) advised the Election Commission of India (ECI) to include aadhaar cards, voter ID cards, and ration cards as valid documents for its ongoing “Special Intensive Revision” (SIR) of electoral rolls in the state, as reported by Live Law.

A bench comprising Justices Sudhanshu Dhulia and Joymalya Bagchi said that the ECI’s earlier list of eleven documents acceptable for proving citizenship was in prima facie view, "not exhaustive".

"...in our opinion, it will be in the interest of justice, the ECI will also consider the Aadhaar card, Electoral Photo Identity Card issued by the Election Commission and the ration card,” the bench observed.

The Court, however, clarified that it was not a direction to the ECI to include anyone's name in the roll solely on the basis of these documents, and it has the discretion to accept or reject them.

Senior Advocate Gopal Sankaranarayan, appearing for petitioners including the Association for Democratic Reforms (ADR), argued that the SIR had no explicit statutory backing and that the cut-off year of 2003 imposed an arbitrary distinction not provided for in the Representation of People Act.

He contended that vital documents like Aadhaar and voter ID, widely used across government services, were inexplicably excluded, risking disenfranchisement for many voters.

Justice Dhulia questioned the rationale behind the cut-off, suggesting it related to the first computerisation of voter rolls, but also cautioned that even practical logic must withstand scrutiny under law.

Justice Bagchi emphasised that while the ECI possesses broad powers under Section 21(3) of the RP Act to undertake revisions in a manner it deems fit, the method should remain fair and non-discriminatory.

The Court further expressed concern over the tight timelines proposed for the revision exercise, warning that such hurry could hinder genuine voters’ participation in the upcoming state Assembly elections.

Senior counsels Kapil Sibal and Abhishek Manu Singhvi said that even the exclusion of a single legitimate voter would undermine democratic principles and the constitutional right to vote.

The bench has listed the matter for further hearing on 28 July, directing the ECI to file its detailed response by 21 July.

Meanwhile, the publication of any draft voter list has been put on hold, ensuring no irreversible steps are taken until the matter is settled.

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