Voter-friendly Bihar SIR process: Supreme Court rules that 11 documents are superior to 7


The Supreme Court of India has expressed its endorsement of Bihar’s Special Intensive Revision (SIR) of electoral rolls, describing the process as “voter-friendly” and beneficial to the electorate. The apex court emphasized that the SIR has expanded the range of acceptable identification documents for voters, moving from the earlier limit of seven types of ID to a broader list of eleven. This expansion, the court noted, increases accessibility for voters despite the exclusion of Aadhaar as a mandatory document.

“They are expanding the number of identity documents available to the electorate,” the bench observed during the proceedings. “While we acknowledge your concerns regarding the potential exclusion linked to Aadhaar, the reality is that the SIR’s approach is more inclusive. It provides voters with a wider array of acceptable proofs. This is an expansion, not a restriction.”

The bench also discussed the legal structure of the process, questioning whether an enumeration form—one that incorporates the statutory form—could be considered contradictory or, conversely, a more comprehensive method of compliance. “If an enumeration form takes within its scope the statutory form, should it be viewed as a violation of procedure, or as a more inclusive compliance mechanism?” the judges asked.

On the other side, senior advocate Abhishek Manu Singhvi, representing the petitioners challenging the SIR, strongly criticized the Election Commission of India (ECI) for what he called a complete reversal of its earlier stance on the need for citizenship proof. According to Singhvi, the Commission’s new approach shifts the burden of proof onto voters. “Previously, the presumption was that voters were citizens unless proven otherwise. Now, it is the reverse—you are presumed excluded unless you can prove your citizenship. This is a fundamental inversion of the principle,” Singhvi argued.

He explained that under the established Form 6 system for voter enrolment, Aadhaar continues to be recognized as a valid document. Yet, under the SIR, an individual enrolled after 2003 is “presumptively considered excluded unless they can prove otherwise.” Singhvi further questioned the feasibility of conducting the entire verification process within just two months, given the macro-level judicial tasks involved. “If you begin the SIR in December and take a full year to complete it, no one would object,” he suggested.

The senior advocate also raised questions about the timing and geographical prioritization of the exercise. The last SIR in 2003 was conducted a year before the parliamentary elections. Why, then, is this being undertaken in Bihar in July, so close to the assembly elections? Why not begin with Arunachal Pradesh, where elections are due in 2026, or Lakshadweep, which won’t vote until 2028?”

The current SIR represents the first full-scale revision of Bihar’s voter rolls in more than two decades. The Election Commission has stated that its purpose is to cleanse the rolls of ineligible entries, including non-citizens, in preparation for the October–November assembly elections in Bihar. The process requires voters whose names were not on the 2003 rolls to submit proof of place of birth and a self-declaration confirming Indian citizenship.

However, critics argue that Form 6, the primary document for voter registration, does not require direct proof of citizenship—only a declaration along with date of birth and address—leaving open the possibility for non-citizens to be added to the rolls. Opponents of the SIR have also raised concerns that as many as two crore eligible voters in Bihar could face disenfranchisement.

The Election Commission, for its part, has defended the revision exercise as both transparent and inclusive, assuring the public that “no eligible citizen will be left out” and maintaining that the process is essential for safeguarding the integrity of the state’s electoral rolls.


 

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