A writ petition has been filed in the Supreme Court challenging the Election Commission of India’s June 25 order for a Special Intensive Revision of the Electoral Roll in Bihar, arguing that it could arbitrarily disenfranchise lakhs of voters without due process, thereby undermining free and fair elections and striking at the basic structure of the Constitution.

Ahead of the Bihar Assembly elections scheduled later this year, the Election Commission has ordered a “special intensive revision” of the voter list ahead of the upcoming Bihar Assembly elections, requiring individuals whose names are not on the 2003 electoral roll to submit proof of eligibility.

As part of the voter list revision exercise, individuals born before July 1, 1987, must provide proof of their date and place of birth. Those born between July 1, 1987 and December 2, 2004, are required to submit documents verifying their parents’ date and place of birth. Meanwhile, individuals born after December 2, 2004, must furnish proof of date of birth for both parents

The petition filed by the Association for Democratic Reforms (ADR) argues that the ECI order violates Articles 14, 19, 21, 325, and 326 of the Constitution, as well as provisions of the Representation of the People Act, 1950, and Rule 21A of the Registration of Electors Rules, 1960.

The petitioner alleged that the Election Commission of India’s June 24, 2025, order for a Special Intensive Revision of the electoral roll in Bihar risks arbitrarily disenfranchising lakhs of genuine voters due to its stringent documentation requirements, lack of procedural safeguards, and an unreasonably short timeline.

 They argue that unless the order is quashed, it could lead to widespread wrongful deletions from the voter list, thereby undermining the right to vote and striking at the core of the Constitution’s basic structure by compromising free and fair elections.

The petition, filed through advocate Prashant Bhushan, argues that the Election Commission of India, through its June 24, 2025 order, has “unfairly” shifted the burden of proving voter eligibility from the state to individual citizens. By excluding widely used identity documents, such as Aadhaar and ration cards, the revision process under the Special Intensive Revision (SIR) disproportionately affects poor and marginalised communities, increasing their risk of being left off the electoral rolls.

Moreover, the requirement for voters to prove not only their citizenship but also that of their parents is claimed to violate Article 326 of the Constitution.

The plea also criticises the impractical and rushed timeline set by the ECI for the SIR, particularly with Bihar’s state elections scheduled for November 2025.

Many citizens, especially those not included in the 2003 electoral rolls or lacking the mandated documentation, may be unable to meet the deadline, leading to the wrongful exclusion of lakhs of eligible voters from the draft rolls or their complete removal.

 Opposition parties have strongly criticised the Election Commission’s decision to revise electoral rolls in Bihar, with West Bengal Chief Minister Mamata Banerjee calling it “even more dangerous” than the National Register of Citizens (NRC).

Leaders of several INDIA alliance parties met the Election Commission over the Special Intensive Revision (SIR) of electoral rolls in Bihar and raised their concerns.

Leaders from 11 parties, including the Congress, RJD, CPI(M), CPI, CPI(ML) Liberation, NCP-SP and Samajwadi Party, met Chief Election Commissioner Gyanesh Kumar and other election commissioners, objecting to the special scrutiny being conducted just a few months ahead of the assembly election in the state

The Bihar State Committee of the Communist Party of India (Marxist) strongly condemned the Election Commission’s decision to “hastily” launch the voter revision process ahead of the Bihar Assembly elections, calling it “not only undemocratic but also entirely impractical.”

The All India Congress Committee (AICC) strongly opposed the Election Commission’s (EC) notification on 24 June 2025, which announced a Special Intensive Revision (SIR) of the electoral rolls in Bihar ahead of the upcoming state elections, calling it “a cure worse than the disease.”

They criticised the birth certificate rules based on year of birth, saying they would disproportionately affect poor, rural, and marginalised populations.