Bihar SIR: SC directs ECI to publish list of 65 lakh omitted voters with reasons, accept Aadhaar as ID proof

The Supreme Court on Thursday directed the Election Commission of India (ECI) to publish, on the websites of Bihar’s Chief Electoral Officer and all District Electoral Officers, the district-wise list of about 65 lakh voters omitted from the draft electoral roll published on August 1, 2025, following the Special Intensive Revision (SIR). The list—searchable by EPIC number—must specify the reason for deletion in each case, such as death, permanent migration, or double registration.

The Court ordered that booth-wise lists of the deleted voters be displayed on notice boards of all panchayat bhavans, block development offices, and panchayat offices, ensuring manual access. It also mandated wide publicity of the order in vernacular and English newspapers with large circulation, in the “simplest, layman-friendly language”, along with announcements through electronic and social media.

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Justice Surya Kant said: “If Poonam Devi has been omitted, Poonam Devi must be able to know that she has been deleted and why she has been deleted.”

The bench of Justice Surya Kant and Justice Joymalya Bagchi further directed the ECI to make it clear in public notices that Aadhaar cards can also be furnished as identity proof when applying for re-inclusion, in addition to the existing 11 accepted documents.

“Your list of 11 documents seems citizen-friendly, but Aadhaar and EPIC are readily available… your notice can say those who have not submitted so far can submit their Aadhaar and EPIC also,” Justice Bagchi observed.

At the outset, the bench questioned the ECI’s reluctance to disclose the list and reasons for omission. “Transparency will help create voter confidence. Why don’t you take the additional step of putting it up on the website, clearly identifying persons who are not there, with reasons, so that they can take remedial measures?” Justice Bagchi told senior advocate Rakesh Dwivedi, appearing for the Commission.

Dwivedi maintained that the Commission had “a wide reservoir of powers” under Section 21(3) of the Representation of the People Act, 1950, read with Article 324 of the Constitution, to conduct the SIR.

The order came during hearings on petitions challenging the June 24 SIR notice—issued just ahead of the Bihar assembly elections—by NGOs including Association for Democratic Reforms (ADR) and People’s Union for Civil Liberties (PUCL), as well as MPs and activists.

Petitioners allege violations of Articles 14, 19, 21, 325, and 326 of the Constitution, and contend that the exercise could cause large-scale disenfranchisement, especially among rural and vulnerable groups.

The SIR directive mirrors the Citizenship Act, 1955 in requiring birth-based proof of citizenship and excludes Aadhaar as conclusive proof—consistent with the Supreme Court’s 2015 ruling that Aadhaar establishes identity, not citizenship.