SIR in Bihar: Supreme Court refuses to stop draft electoral roll publication on Aug 1

The Supreme Court of India on July 28 refused to stop the Election Commission of India from publishing the draft electoral rolls for Bihar on August 1 as per the schedule notified for the Special Intensive Revision (SIR).

The bench comprising Justice Surya Kant and Justice Joymalya Bagchi did not hold a detailed hearing as Justice Kant had to attend an administrative meeting with the CJI afternoon. Assuring the petitioners that the matters will be heard at the earliest, Justice Kant asked the lawyers to submit the tentative times required for argument on June 29.

According to a PTI report, senior advocate Gopal Sankaranarayanan, who was appearing for an NGO, said the electoral rolls should not be finalised in the interim and there should be an interim stay on the publication of the draft rolls.

The bench observed the last order of the top court noted the petitioners not pressing for an interim relief and, therefore, it couldn’t be done now and matter would be interpreted once for all.

‘Aadhaar, voter cards have sanctity’

The top court also asked the poll panel to continue accepting Aadhaar and Voter IDs for the SIR exercise in Bihar as both have “some sanctity”. “As far as ration cards are concerned we can say they can be forged easily but Aadhaar and voter cards have some sanctity and have presumption of genuineness. You continue accepting these documents,” the bench said.

The top court also said that the EC had accepted one of its previous order and said in its counter affidavit that Aadhaar, voter cards, and ration cards were required to be accepted.

Rajya Sabha adjourned for a day over SIR issue

The Rajya Sabha was adjourned for the day on Monday as Opposition MPs continued to protest over the SIR exercise in Bihar.

During the Zero Hour, Deputy Chairman Harivansh said he has received 26 notices under Rule 267 demanding discussion on various issues, including SIR, and alleged discrimination against Bengali migrant workers in other states.

He declined all the adjournment notices, and called Sudha Murty (nominated member) to make her Zero Hour mention.

However, Opposition members, including those from the TMC and the Congress, were on their feet protesting against the Chair’s decision.

They were raising slogans like ‘Vote Ki Chori Band Karo’ (stop vote theft), and the Chair adjourned the proceedings till 12 noon.

As soon as the House re-assembled for the Question Hour at 12 noon, various Opposition MPs were on their feet and Sushmita Dev (TMC) trooped into the Well, and sought to raise various issues. As the din continued, the proceedings were adjourned again till 2 pm.

When the Upper House met at 2 pm, the Chair tried to continue the debate on The Carriage of Goods by Sea Bill 2025. However, Opposition MPs continued to raise slogans demanding a debate on the SIR issue, and that the exercise be stopped.

Some MPs also trooped into the Well of the House. Amid the din, the Chair adjourned the House for the day.

Background of Bihar SIR Controversy

Vide an order dated June 24, 2025, the Election Commission of India initiated a Special Intensive Revision of electoral rolls in Bihar in exercise of powers under Section 21(3) of the Representation of People Act, 1950.

The petitions challenging ECI’s order were listed on July 10 before a partial Court working days bench of Justices Sudhanshu Dhulia and Joymalya Bagchi, after an urgent mentioning was made. On the said date, the Court noted that the petitions raised an important issue which went to the root of democracy – the right to vote – and asked asked ECI to consider Aadhaar Card, Voter ID card and ration card also as acceptable documents for the SIR.

Further, the bench raised concerns about voters being asked to furnish documents at short notice and about the legal authority of the ECI to seek proof of citizenship. At the same time, it recorded ECI’s submission that the list of 11 documents specified by it in its June 24 order as acceptable documents to prove citizenship was illustrative and not exhaustive. The petitioners did not press for interim relief then as the next hearing was scheduled for July 28, that is, before publication of the draft electoral roll (August 1).

Subsequently, ECI filed its counter-affidavit before the Supreme Court, stating that Aadhaar, Voter ID and Ration cards are not reliable documents for inclusion in the electoral roll during the ongoing SIR in Bihar, since the process is a fresh revision of the electoral rolls. The ECI also defended its authority to seek proof of citizenship, stating that it is statutorily bound to ensure that only citizens of India are registered as voters.

In response to ECI’s counter, ADR filed a rejoinder, alleging that enumeration forms of voters, which are used to update the electoral rolls, are being mass-uploaded by the Electoral Registration Officers (EROs) without the consent of voters, to meet the “unrealistic” timelines set by ECI. Relying on ground reports of senior journalist Ajit Anjum, ADR further stated that in some cases, enumeration forms of even dead persons are being submitted, and ECI guidelines are being violated.

The petitions are filed by opposition leaders KC Venugopal (INC), D Raja (CPI), representatives of the DMK, Harinder Malik (Samajwadi Party), Arvind Sawant (Shiv Sena UBT), Sarfraz Ahmed (JMM), Dipankar Bhattacharya (CPI-ML), Rajya Sabha MP Manoj Kumar Jha (RJD), activist Yogendra Yadav, MLA Akhtarul Imam (AIMIM), activist Arshad Ajmal, Lok Sabha MP Sudhakar Singh (RJD), Lok Sabha MP Mahua Moitra, Lok Sabha MPs Thol. Thirumavalavan and D Ravikumar, Kerala MLA PK Kunhalikutty, former Bihar MLA Mujahid Alam, Advocate Ashwini Kumar Upadhyay, and organizations such as the Association for Democratic Reforms, PUCL and National Federation for Indian Women.

Among other things, the petitioners contend that the SIR process is hasty and likely to disenfranchise crores, especially Muslims, Dalits, and poor migrants. Further, they challenge the shift of burden from the State to the citizen to prove their eligibility and point to the exclusion of Aadhaar and ration cards, even though Aadhaar has a wide use in Bihar and was accepted for the 2024 General Elections.

It is argued that in Bihar, a state with high poverty, illiteracy, and migration, the ECI-mandated documents, such as passports, birth certificates, matriculation certificates, permanent residence certificates, and others, are not widely available. The petitioners also claim that this is the first time when the ECI is asking people who have voted multiple times to prove their eligibility, failing which their names may be deleted.

Some of the petitions state that the SIR violates Section 22 of the Representation of the People Act, 1950, and Rule 21-A of the Registration of Electors Rules, 1960, both of which require adequate procedural safeguards. As an interim measure, the petitioners seek immediate stay on the SIR exercise and suggest that ECI can use the electoral rolls as updated in January this year.