Bihar Voter List Row: One State, One Election, One BIG Chaos In Supreme Court On Aadhaar vs Citizenship, Explained

The Supreme Court on Thursday, July 10, witnessed heated arguments as the Election Commission of India (ECI) clarified that Aadhaar is not valid proof of citizenship. This came during the hearing of multiple petitions challenging the Special Intensive Revision (SIR) of electoral rolls in Bihar.

Petitioners alleged that the ECI excluded both Aadhaar and Voter ID cards from its list of 11 acceptable documents for proving citizenship in cases where individuals were not included in the 2003 voter list. 

Supreme Court Presses ECI On Aadhaar Exclusion

Senior Advocate Gopal Sankaranarayanan argued that under the Representation of the People Act, Aadhaar is an accepted identity document, yet the ECI omitted it from the SIR process in Bihar. The bench comprising Justice Sudhanshu Dhulia and Justice Joymalya Bagchi questioned this exclusion.

Senior Advocate Rakesh Dwivedi, representing the ECI, responded:

“Aadhar Card cannot be used as proof of citizenship.”
Justice Dhulia countered:
“But citizenship is an issue to be determined not by the Election Commission of India, but by the Ministry of Home Affairs.”

Senior Advocate Kapil Sibal, appearing for another petitioner, raised strong objections:

“They say BLO has the right to decide my citizenship. As soon as that happens, I lose my identity… Only the Government of India can decide who is a citizen.”

He argued that such revisions, if conducted hastily, could rob individuals of their fundamental rights under Article 19.
Justice Bagchi observed:

“There is nothing wrong in purging electoral rolls through an intensive exercise. But doing it just before an election might disenfranchise legitimate voters.”

ECI Justifies Process, Says Aadhaar Not Designed for Citizenship

The ECI maintained that Aadhaar, by law, serves as an identity and residence verification document for residents not for confirming nationality. Dwivedi stated, “Aadhaar can be issued even to non-citizens residing in India. Every resident is entitled. Aadhaar number alone doesn’t prove citizenship.”

The Election Commission of India (ECI) has cited large-scale migration as the key reason behind conducting the Special Intensive Revision (SIR) of electoral rolls in Bihar.

“In the past decade, 70 lakh people have migrated from Bihar. This itself makes a strong case for SIR,” said ECI counsel Rakesh Dwivedi before the Supreme Court.

He added that the Commission has launched a house-to-house survey, involving nearly one lakh officers, volunteers, and representatives of political parties.

“This is a participative exercise. Yet, all this has been suppressed in the petitions,” he told the bench.

Dwivedi also clarified that political parties have been authorised to get at least 50 enumeration forms signed every day.

“If someone is not home, we will make three visits. The burden is on us to collect the enumeration forms and upload them on the ECI Net,” he said.

The ECI also highlighted a key reform. For the first time in independent India, the Commission launched ECINET, a centralised digital platform to upload and store all electoral documents. Dwivedi informed the court that over 5 to 6 crore forms have already been filed and uploaded, and the portal will ensure transparency in future revisions.

“This exercise need not be repeated every time. Everything will be available digitally for verification,” Dwivedi said.

SIR Process in Bihar 

Despite the legal challenges, the Special Intensive Revision (SIR) in Bihar is progressing steadily on the ground. The enumeration phase, involving the distribution of forms, is nearly complete. As per ECI instructions dated June 24, 2025, the draft electoral roll will be published on August 1, including names of those who submit forms by July 25, 2025.

BLOs Mobilised Statewide

As of 6:00 PM, July 10, the ECI had received 1,69,49,208 enumeration forms 21.46% of Bihar’s total 7.90 crore electors enrolled as of June 24. In the last 24 hours alone, officials collected over 65 lakh forms. Uploading is underway, with 7.25% of forms already live on voters.eci.gov.in and the ECINET App.

The Commission has deployed 77,895 BLOs (Booth level officer) to visit homes and assist voters, including taking live photographs to ease the documentation process. An additional 20,603 BLOs are being appointed to meet the growing volume. Nearly 4 lakh volunteers, including government officials, NCC cadets, and NSS members, are working to assist elderly, PwDs, and vulnerable populations.

Full Electoral Machinery Activated in Bihar

The revision process is being supervised by 239 Electoral Registration Officers (EROs) across all 243 assembly constituencies, supported by 963 Assistant EROs, 38 District Election Officers, and the State CEO. Political parties have also engaged by appointing 1,54,977 Booth Level Agents (BLAs) to monitor and assist in the enumeration.

 Supreme Court Sets Next Hearing for July 28

The Supreme Court has scheduled the next hearing in the Bihar Voter Roll case for July 28. The court directed the Election Commission to file its counter affidavit before the hearing and asked all parties to complete their pleadings by the same date. During the proceedings, the court was informed that the Election Commission is willing to consider Aadhaar as one of the documents for voter verification. The bench noted, “We will have it on 28 July. Meanwhile, they will file their counter, and all pleadings must be completed before 28. They are saying they will consider Aadhaar.”

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