"Have Serious Doubts": Supreme Court On 'Special Revision' Of Bihar Voter List

The Supreme Court on Thursday expressed "serious doubts" over the Election Commission's plan to hold a 'special intensive revision' of Bihar's electoral rolls months before the Assembly election.

In a high-stakes hearing - which included arguments on disenfranchisement and determinants of citizenship - the court told the poll panel, "Your exercise is not the problem... it is the timing. We have serious doubts if you can manage this exercise. With such a big population (an estimated eight crore people) being subject to this 'intensive review', is it possible to link this to the forthcoming election?"

The court also asked the poll panel tough questions about an individual's right to appeal a potential exclusion from the list of voters. "... a person will be disenfranchised ahead of the election and s/he won't have the time to defend the exclusion before voting," Justice Sudhanshu Dhulia noted.

"No... courts will not touch electoral roll once finalised... which means a disenfranchised person will lack the option to challenge it (the revised list) before the election," he said, when urged by senior advocate Rakesh Dwivedi, appearing for the poll panel, to allow the revision to be completed before ruling.

"There is nothing wrong in having this intensive process so non-citizen do not remain on rolls... but it should be de hors (i.e., conducted separately from) this election," Justice Joymala Bagchi said.

The court also red-flagged the decision to exclude Aadhaar from the list of documents deemed acceptable for individuals to re-verify themselves on the state's electoral roll. "Your enumeration (exercise) is related to identity... the entire exercise is primarily about identity only."

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"We feel Aadhaar should be there (on the list of approved government-issued IDs)," it observed.

Top Court's 3 Questions To EC

The Supreme Court - which refused an interim stay on the voter list revision before today's hearing - called this hearing "a very important issue (that) goes to the very root of democracy... and asked three important questions of the Election Commission.

The court then asked tough questions of the poll panel.

This included asking the EC to explain which section of the law - the Representation of Peoples Act - allowed it to conduct this exercise. "There is either 'summary revision' or 'intensive revision'. Where is 'special intensive revision'?" the poll panel was asked.

1. Explain the panel's authority to conduct a 'special intensive revision',
2. Explain the validity of the review procedure, and
3. Explain the timing of the exercise, i.e., just before an election.

The EC was also asked why it had 'linked' this exercise to the 2025 Bihar election.

'Why Aadhaar Not Accepted'?

Earlier senior advocate Gopal Sankaranarayan, appearing for one of the petitioners, argued the revision is "arbitrary" and "discriminative" since it forces voters on the list for over a decade to re-verify themselves, and to do so without using government-issued IDs like the Aadhaar. He pointed out 10 major elections (i.e., five federal and five state) had been held since the last voter list revision.

NDTV Explains | EC Is Revising Bihar Voter List. Why Is The Opposition Against It

"They say last revision was in 2003 when it (Bihar's population) was four crore people. Now it is about 7.9 crore and about 10 elections have happened since. And now, with polls months away, they are carrying out this exercise... in which the draft has to be out in 30 days?"

"Shockingly they say they will not accept Aadhaar... despite amendments to the act that allow Aadhaar for verification, they say now it will not be considered," Sankaranarayan said.

The choice of these documents, apart from the revision itself, is illogical, he argued, pointing out that exemptions had been made for certain sections, including members of the judiciary.

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"They will accept only 11 documents...they said they won't even consider their own voter ID card and they are even asking documents to verify one's parents," he continued, raising points also highlighted by opposition politicians who have criticised the timing of the list revision.

The court was initially lukewarm to challenges, pointing out the revision was being carried out according to the law and the selection of 2003 as a cut-off date was tied to the last time a revision was conducted.

"The EC's action has a logic to it. What is wrong with it?" Justice Dhulia asked, "What they are doing is mandated under the Constitution. You cannot say they are doing something not mandated..."

'Aadhaar Not Proof Of...'

Responding to the arguments, the EC pointed out the Aadhar is not, technically, proof of citizenship because certain foreign nationals can also be issued the ID. "It is not a proof of certain things... it is only a proof of identity. Each document has a purpose and for this purpose the Aadhaar is not usable."

Dwivedi rejected the court saying other governemnt IDs, such as a caste certificate, are "based on Aadhaar". So how can caste certificate be accepted and Aadhaar rejected, the court asked.

"Issue of a caste certificate is not based only on Aadhaar... Aadhar is not proof of citizenship or domicile. If someone objects that a person is not who s/he claims to be, then Aadhar can be used."

On the overall need for a 'special intensive revision', Dwivedi said, "Some petitions say around 1.1 crore persons have died and another 70 lakh have migrated. That itself makes a case for intensive revision."

The EC also insisted, in response to the court asking questions about appeals against disenfranchisement, that all those whose names had been removed would get a chance to explain.

Political Row Over 'Special Revision'

The Congress and the Rashtriya Janata Dal - key members of the opposition Mahagathbandhan bloc - have been vocal in their critique of the voter list revision, arguing it seeks to exclude a chunk of voters and potentially tilt the balance of voteshare towards the ruling alliance.

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That point was mentioned today by senior advocate Vrinda Grover, who said, "This is not an ordinary exercise... it is designed to exclude the poor, the migrant labourer, and vulnerable sections of society.

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