Association for Democratic Reforms v Election Commission of India
The Supreme Court will decide if the ECI’s Special Intensive Revision (SIR) of Bihar’s electoral rolls is arbitrary and unconstitutional
On 24 June, the Election Commission of India (ECI) announced that it will begin a Special Intensive Revision (SIR) of the electoral rolls in Bihar ahead of its state assembly elections. The exercise aims to revise the electoral rolls in the state in order to include all eligible voters and eliminate all ineligible voters from the voter list.
The notification said that the ECI would “scrupulously” adhere to the Constitutional provisions regarding eligibility and disqualification of voters in the revision of the electoral roll. This, the ECI said, was clearly laid down under Article 326 of the Constitution of India and Section 16 of the Representation of People Act, 1950 (RPA).
Article 326 states that any person above the age of 18 is eligible to vote. Section 16 sets down the criteria for a person who is disqualified from being a voter. These criteria include not being a citizen of India, being of unsound mind, or being disqualified from voting under any law related to corrupt practices and other election offenses.
The notification stated that the SIR is carried out through its powers under Article 324 and Section 21 of the RPA. Article 324 vests the ECI with superintendence, direction and control over elections in India. Section 21 of the RPA empowers the ECI to prepare and revise electoral rolls. The qualifying date for the SIR was set at 1 July 2025. Therefore, any person who turned 18 on or before that date would be eligible.
Notification announcing revision of rolls
According to the notification, this is the first intensive revision of the Bihar rolls since 2003 and aims to maintain “the integrity of the Electoral Roll” as it is “fundamental for the conduct of free & fair elections”. It aims to achieve three things in Bihar:
- That every eligible citizen is enrolled and no one is excluded
- No ineligible voter remains on the rolls
- To eliminate dead/shifted/absentee voters
The ECI has justified this intensified exercise, citing factors such as rapid urbanisation, frequent migration, the addition of newly eligible young voters, underreporting of deaths and the inclusion of names of foreign illegal immigrants.
How will it work?
The ECI has delegated Booth Level Officers (BLOs) to conduct house-to-house verification. This will include door-to-door surveys by the BLOs who will identify eligible or non-eligible voters. It has designated Electoral Registration Officers (EROs) to print pre-filled Enumeration Forms for existing electors. The BLOs will distribute the enumeration forms and collect them with supporting documents during their visits. These forms will be available to download on the ECI website (or ECINET).
Alternatively, electors can fill out and upload these forms online along with relevant documents. To enhance transparency while maintaining voter privacy, the notification stated that the documents used for verifying eligibility will be uploaded on ECINET. They will be accessible only to authorised election officials.
The ECI has invited active participation from all political parties and has urged them to appoint Booth Level Agents (BLAs) for every polling booth. This way “discrepancies, if any, are resolved at the preparation stage itself, thereby reducing the instances of filing claims, objections and appeals.” The claims and objections can be filed by any elector or political party. These complaints will be assessed by the Assistant Electoral Registration Officers (AEROs). The final electoral roll will be published by the ERO after all claims and objections have been addressed.
This roll will be shared with recognised political parties and made publicly accessible on the websites of the ECI and the Chief Electoral Officer. The draft electoral rolls will go live on 1 August 2025.
Challenges against the SIR
In early July, the Association for Democratic Reforms, Swaraj Party member and activist Yogendra Yadav, moved the Supreme Court under Article 32, challenging the ECI’s notification. They claim that the SIR is arbitrary and violative of the universal right to adult suffrage.
The petitions note that the identification process shifts the burden of proof onto individual citizens, requiring fresh applications and documentary evidence of citizenship by 25 July 2025.
The petitions argue that the exercise excludes indicators like Aadhaar and ration cards and makes the proof of parents’ identity mandatory. Given Bihar’s high rates of poverty and migration, such requirements may disenfranchise millions. The petitions also criticise the short timeframe and absence of prior consultation, arguing that the exercise undermines democracy, equality, and the right to vote, particularly for the most vulnerable.
Further, they point out that for the exercise to be fulfilled within the timeline, the ECI will need to train one lakh BLOs, of which 20,000 are yet to be employed. “All within the month (of which a week has passed) when Bihar is in the midst of the monsoon and floods! So, unless the ECI has a magic wand, we should expect a withdrawal of this order, drastic changes in the list of documents allowed (as announced on June 30) or a postponement of the Bihar assembly elections,” the ADR exclaimed in its petition.
The petitions pray for an immediate stay on the SIR. In the meantime, the ECI has published notices of the smooth implementation of the SIR in the State on 4 and 5 July on its official website.
On 6 July, the ECI issued a press release stating that the initial phase of the SIR has been completed. Notably, the release clarifies that there has been no change in the process of the SIR and will continue as per the notification released on 24 June. Moreover, it carries the phrase: “No changes made in SIR as being rumoured by some”.
On 7 July 2025, the Supreme Court agreed to hear the petitions challenging the SIR. The matter will be taken up on 10 July 2025.