The NGO, in a rejoinder filed in the apex court, claimed millions of voters faced the huge risk of disenfranchisement due to SIR.

Association for Democratic Rights (ADR) has questioned the refusal by the Election Commission of India (ECI) to accept Aadhaar, voter ID, and ration card as valid “standalone” proof for inclusion in the electoral roll during the special intensive revision (SIR).

The NGO has been represented by advocates Prashant Bhushan and Neha Rathi before the apex court. The NGO, in a rejoinder filed in the apex court, claimed millions of voters faced the huge risk of disenfranchisement due to SIR before the assembly polls.

A bench comprising Justices Surya Kant and Joymalya Bagchi is likely to hear on July 28, 2025, the challenge to the SIR being undertaken in Bihar ahead of assembly polls slated in November.

Earlier this month, the apex court had asked the ECI to consider these three documents -- Aadhaar, voter ID, and ration card-- for the SIR. The apex court had observed that these documents formed the foundational records to obtain any of the 11 documents, including residence and caste certificates, listed by the poll body for the verification of voters. However, the ECI, in its written response filed in the apex court, contended that the electoral photo identity card (EPIC), and ration card could easily be faked.

The NGO said that it is pertinent to note that the 11 documents included in the approved list are equally susceptible to being procured on the basis of fake or false documentation, thereby rendering the ECI’s rationale baseless, inconsistent, and arbitrary.

Defending Aadhaar's exclusion from the list of 11 documents, the ECI said it doesn't help in screening the eligibility of voters under Article 326, and it is merely a proof of identity of the person. “Aadhaar has not been included in the list of 11 documents provided in the Enumeration Form, as it does not help in screening the eligibility under Article 326. However, this is not to say that Aadhaar cannot be used to supplement other documents to prove eligibility. It is for this reason that the list is indicative and not exhaustive”, said the ECI, in its affidavit.

The ECI has told the Supreme Court that the SIR of electoral rolls in Bihar adds to the purity of elections by weeding out ineligibles from the electoral roll, and the exercise has been initiated to restore public confidence in the integrity of the electoral roll. The poll body has also defended its authority to seek proof of citizenship during the SIR, saying that it is fully competent to require a person claiming citizenship by birth to produce relevant documents for inclusion in the electoral roll.

The ECI said reliance on EPIC for the purposes of eligibility would frustrate the SIR exercise as every existing elector would be de facto included in the final list.

The poll body said that due to the widespread existence of fake ration cards, it has not been included in the list of 11 documents to be relied upon for screening eligibility under Article 326.