Bihar Voter Roll Revision: What ECI Told SC On Considering Aadhaar, Voter IDs As It Stresses ‘Purity Of Polls’

The Election Commission of India (ECI) has presented an official affidavit defending its ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar, emphasising the measure’s role in enhancing the integrity of elections by "weeding out ineligible persons" from the rolls.

In its affidavit addressing a legal challenge to the June 24 order that initiated the SIR across India, beginning with Bihar, the ECI stated that, despite concerns, Aadhaar, voter ID, and ration card are already being considered by the poll panel for the purpose of establishing identity during the SIR-2025 exercise.

"The SIR exercise adds to the purity of elections by weeding out ineligible persons from the electoral roll. The entitlement to vote flows from Article 326 read with Sections 16 and 19 of the RP Act 1950 and Section 62 of the RP Act 1951 which contains certain qualifications with respect to citizenship, age, and ordinary residency. An ineligible person has no right to vote, and thus, cannot claim a violation of Articles 19 and 21 in this regard," the ECI affidavit noted.

Referrering to the Supreme Court's July 17 order asking the poll body to consider Aadhaar, voter IDs, and ration cards for the SIR, ECI clarified: "In addition to the legal concerns already articulated hereinabove, these documents are, in fact, already being considered by the Commission for the limited purpose of identity, during the SIR process."

The commission then continued to further explain the procedure. "A bare perusal of the enumeration form issued under the SIR Order reveals that the Aadhaar number may be voluntarily furnished by a person furnishing the enumeration form. Such information is utilised for the purpose of identification, in accordance with Section 23(4) of the Representation of the People Act, 1950, and Section 9 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016," it stated.

Section 23(4) allows electoral registration officers ask citizens to furnish the Aadhaar number (given by the Unique Identification Authority of India) for verification. However, Section 9 of the 2016 Act states that Aadhaar number is not evidence of citizenship or domicile.

According to the ECI, every existing elector has the opportunity to provide the necessary documentation, including proof of eligibility, directly to the Booth Level Officer (BLO) at their residence.

"No elector is put through any hardship in comparison to the persons mentioned above. The same methodology has been utilised for all past SIRs as well. Moreover, the BLOs, BLAs (booth level agents), and volunteers are actively facilitating the obtaining of eligibility documents for all genuine electors who require assistance…," it said.

As of July 18, out of 78,969,844 electors in Bihar, enumeration forms had been collected from 71,172,660 individuals, representing 90.12% of the electorate. When factoring in deceased individuals, permanent shifts, and duplicate registrations, the coverage reached 94.68% of the nearly 7.9 crore electorate.

"The electorate who are untraceable despite multiple visits by the BLOs constitute a mere 0.01 percent of the total electors. As on July 18, 2025, only 5.2 percent electors remain to submit their filled EFs before the July 25 deadline," the ECI said.

The ECI assured that “all possible efforts” are being made to include every eligible voter and, in a special effort, political parties were being provided with lists of electors whose forms had not been received, requesting their assistance in completing the enumeration process.

The SIR came under challenge after NGO Association of Democratic Reforms and other petitioners, including leaders of various political parties and members of civil society, argued that the June 24 orders violates fundamental rights.

However, the ECI has refuted these claims stressing no discrimination could be alleged. "So far as Articles 14 and 325 are concerned, there is no violation as no person is being discriminated against on the basis of race, caste, religion, or sex, nor is there unequal treatment given to persons otherwise equal and seeking to be enrolled," it said.

Further, the poll panel asserted that those included in the 2003 electoral roll had already undergone scrutiny, and their continued eligibility is not in question. "Thus, no claim of violation of Article 14 can be made," it said.

Additionally, the ECI stated that any individual unable to submit eligibility documents by July 26 could do so during the claims and objections period. The procedure applies equitably to ordinary voters and distinguished individuals, such as judiciary members and public representatives, whose documents are being collected from home.

On July 10, the Supreme Court directed the ECI to consider Aadhaar, voter ID, and ration cards as part of the ongoing SIR for Bihar. The Supreme Court is scheduled to hear the matter next on July 28.

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