The Supreme Court questioned the Election Commission of India for starting a voter roll revision in Bihar just months before elections. While it upheld the legality of the exercise, it criticised the timing and confusion caused.
Supreme Court on Thursday raised serious questions over the Election Commission's timing of a major voter list update in Bihar. The court was hearing petitions that challenge the way the Commission is conducting the Special Intensive Revision (SIR) of electoral rolls in the state.
Voter roll update not wrong, but too late: SC
A bench of Justices Sudhanshu Dhulia and Joymalya Bagchi said the Election Commission’s move to revise the rolls is within its legal powers. But the court questioned why such an important exercise is being done so close to the Assembly elections.
“What they are doing is a mandate under the Constitution. There is a logic and practicality in it. They have computerised the system. But why decide to do it just a few months before elections?” the court asked.
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Focus on citizenship, but confusion over documents
The Election Commission is carrying out the revision with the stated goal of removing non-citizens and duplicate names from the electoral rolls. However, the way this is being done has come under criticism.
One of the key issues raised is that Aadhaar cards, ration cards, job cards, and even voter ID cards are not being accepted as valid proof of citizenship. Instead, applicants are being asked for parents’ documents, which many people in Bihar, especially in rural areas, do not have.
The petitioners told the court that this method is arbitrary and discriminatory. Advocate Sankarnarayanan, appearing for the petitioners, said, “They are saying that before 2003, citizenship is presumed. But after that, even if someone has voted in five elections, it won’t help them.”
ECI tells SC: No intent to exclude any voter
During the hearing, the counsel for the Election Commission of India (ECI) told the Supreme Court that the Commission has no intention to exclude any eligible voter. The lawyer said that the ECI is a constitutional body that directly serves the people, and if voters are removed unfairly, the Commission itself loses purpose.
"We are a constitutional body in a direct relationship with the elector. If voters are not there, then we are non-existent," the ECI’s counsel said.
He further stated that the Commission cannot and does not discriminate on the basis of religion, caste, or any such factor, and that any action to delete names from the rolls is done only when required by law.
"We do not remove anyone unless the hands of the Commission are compelled by the law itself," the lawyer explained.
This statement came in response to strong concerns raised by petitioners and opposition leaders that the current Special Intensive Revision (SIR) exercise in Bihar may unfairly target certain groups of people.
Opposition says EC acting like a party wing
RJD leader Tejashwi Yadav, speaking to reporters in Patna, questioned the Election Commission's silence. “Why is Aadhaar, ration card, job card not being accepted? Why can't the EC call a press conference and explain?” he asked.
Yadav also alleged that the EC is behaving like a “party cell of the BJP” and trying to confuse voters ahead of the elections.
EC says revision needed due to past errors
The Election Commission has said the SIR was necessary because of large-scale additions and deletions in the rolls over the past 20 years, which had increased the risk of duplicate and inaccurate entries.
However, the sudden implementation of this revision, with only 30 days given for the entire process, has created panic among voters. Many fear their names may be removed wrongly, especially if they cannot produce the specific documents asked for.
What's next?
The Supreme Court has not stayed the SIR process but has strongly advised the Election Commission to not repeat such poor timing in the future. It noted that such an important task should have been taken up months earlier, not just ahead of elections.
The case will continue to be heard, and the court is expected to give further directions in the coming days.
The issue has now turned into a major political and legal matter in Bihar. While the Supreme Court has not stopped the voter list revision, it has clearly stated that the Election Commission should act with better planning in future. With elections approaching, all eyes will be on how this exercise affects voter participation and public trust.
(With ANI inputs)
