NEW DELHI, JULY 29 2025 – The Supreme Court announced on Tuesday that it will begin hearings on August 12 and 13 for petitions challenging the Election Commission’s (ECI) Special Intensive Revision (SIR) of electoral rolls in Bihar, where the assembly elections are slated for later this year.
JUDICIAL WARNING ON SIR PROCESS
The Bench comprising Justice Surya Kant and Justice Joymalya Bagchi issued a stern warning to the Election Commission. They stated that any deviation from the guidelines specified in the SIR notification would prompt immediate judicial intervention.
“The moment they (Election Commission) deviate from [SIR] notification…… we will interfere,” Justice Kant remarked.
In its order, the Court noted:
“Having regard to the proposed timeline suggested by both sides and keeping in view the urgency and nature of issues that fall for consideration, let these matters be listed further consideration on 12-13 August.”
BACKGROUND OF THE CASE
The case was filed as a batch of petitions challenging the ECI’s directive issued on June 24 for conducting an intensive revision of the electoral rolls. This move, implemented ahead of the Bihar State Assembly polls, has been argued to be in violation of several constitutional provisions, namely Articles 14, 19, 21, 325, and 326, as well as being inconsistent with procedures under the Representation of the People Act, 1950 and the Registration of Electors Rules, 1960.
KEY ARGUMENTS PRESENTED
Petitioners’ Claims:
The petitioners contend that the SIR process infringes on constitutional rights and deviates from established electoral procedures. Advocate Prashant Bhushan, appearing on behalf of the Association for Democratic Reforms (ADR), submitted that approximately 65 lakh people were being excluded from the revision process. He stated,
“They are saying out of 65 lakh people, majority are deceased or they are…”
ELECTION COMMISSION’S STAND:
The ECI, defending its move, cited its power under Article 324 of the Constitution and Section 21(3) of the Representation of the People Act, 1950. The Commission highlighted that the revision was essential due to urban migration, demographic shifts, and ongoing concerns about the accuracy of the electoral rolls, which had not been updated intensively for nearly two decades. Additionally, the Commission noted issues with document verification, mentioning that Aadhaar and ration cards might be obtained through fraudulent means.
Senior Advocate Rakesh Dwivedi, representing the ECI, informed the Court:
“Once objections are considered, real picture would come as to who has been excluded. At least by September 15, we are expecting (final list).”
HEARING SCHEDULE AND NEXT STEPS
The Supreme Court indicated that it can entertain the issue in two phases. The initial phase on August 12-13 will address concerns primarily related to the draft list of electoral rolls, while a subsequent phase in September will address further grievances.
“Right now nearest dates available are August 12-13. First apprehension seems to be about draft list. We can hear your grievance on that. Second phase we can take in September,” Justice Kant explained while adjourning the matter.
The Court has also appointed nodal counsel for the petitioners. Advocate Neha Rathi has been designated as the nodal counsel and has been directed to submit the complete list of pleadings by August 8.
CONCLUSION
The hearings on the SIR process will be pivotal in determining whether the Election Commission adheres to the stringent guidelines set forth by the Supreme Court. As the electoral rolls undergo this intensive revision, the Court’s oversight aims to ensure fairness and accuracy ahead of the impending Bihar assembly elections. This case remains a critical indicator of the balance between electoral integrity and procedural conformity in India’s democratic framework.
