The remarks were made by a bench of Justices Surya Kant and Joymalya Bagchi, who reiterated the court’s earlier position on the validity of Aadhaar and voter ID documents

Regarding the ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar — which is set to hold assembly elections soon — the Supreme Court of India on Monday stressed the need for “en masse inclusion” rather than “en masse exclusion” of voters. The apex court directed the Election Commission of India (ECI) to continue accepting Aadhaar and voter ID cards as valid documents for inclusion in the voter list.

The top court also declined to halt the publication of the draft electoral rolls, scheduled for release on 1 August, with the final version expected by 30 September. This comes amid allegations by opposition parties that the revision process could deprive millions of eligible voters of their democratic rights.

The remarks were made by a bench of Justices Surya Kant and Joymalya Bagchi, who reiterated the court’s earlier position on the validity of Aadhaar and voter ID documents, stating they carry a “presumption of genuineness”. The bench said, “As far as ration cards are concerned, we can say they can be forged easily but Aadhaar and voter cards have some sanctity and have presumption of genuineness. You continue accepting these documents.”

The case stems from a petition filed by the Association for Democratic Reforms (ADR), a prominent civil society group, which raised concerns about the potential exclusion of eligible voters due to the restrictive list of documents deemed acceptable for voter registration. Senior advocate Gopal Sankaranarayanan, representing ADR, urged the court to stay the publication of the draft rolls, but the bench refused, noting that interim relief had not been previously sought.

Justice Kant cautioned against underestimating the authority of the judiciary, asserting: “Don’t undermine the power of the court. Trust us. If the court agrees with your submission and if any illegality is found, then this court will quash everything then and there.”

The bench also observed that enumeration forms could still be submitted even after the draft rolls are published, potentially allowing for corrections or inclusions.

In Parliament, the issue sparked further political confrontation. Senior MPs from the Opposition INDIA bloc, including Congress president Mallikarjun Kharge and Sonia Gandhi, staged protests in the Parliament complex, demanding a rollback of the SIR process. Their protests disrupted proceedings in both the Lok Sabha and the Rajya Sabha, delaying scheduled debates on other pressing matters such as the Pahalgam terror attack and Operation Sindoor. The government, in turn, accused the Opposition of reneging on a previously agreed debate schedule.

During the hearing, Justice Bagchi questioned why individuals submitting only Aadhaar should be excluded, noting that none of the 11 documents listed by the Election Commission for the SIR exercise were definitive. The ECI’s counsel, senior advocate Rakesh Dwivedi, contended that while Aadhaar was not proof of citizenship, and the voter ID was not entirely relied upon in a revision exercise, both documents were being accepted with supporting proof.

Justice Kant, however, observed, “Any document on earth can be forged. The election commission can deal with cases of forgery on a case-to-case basis. Instead of en masse exclusion it must be en masse inclusion.”

The Supreme Court also referred to its earlier order dated 10 July, which had permitted the ECI to proceed with the revision while instructing it to consider Aadhaar, voter ID, and ration cards as valid documents. On Monday, the bench said it broadly agreed with that order and scheduled a final hearing timeline to be set on 29 July.

In its detailed affidavit, the Election Commission has defended the SIR, saying it strengthens the integrity of the electoral process by removing ineligible voters. It stated that over 1.5 lakh booth-level agents from all major political parties were involved in the outreach during the revision. However, the same parties have now challenged the exercise before the Supreme Court.

In a rejoinder affidavit, the ADR alleged that electoral registration officers were being granted wide, unchecked discretion, risking the disenfranchisement of large sections of Bihar’s electorate. The NGO warned that the June 24 SIR directive, if not overturned, could arbitrarily strip lakhs of citizens of their right to vote — undermining the constitutional principle of free and fair elections.

The ADR further argued that excluding Aadhaar and ration cards from the list of valid documents was irrational, and that the ECI had failed to justify their omission.

In a rejoinder affidavit, the ADR alleged that electoral registration officers were being granted wide, unchecked discretion, risking the disenfranchisement of large sections of Bihar’s electorate. The NGO warned that the June 24 SIR directive, if not overturned, could arbitrarily strip lakhs of citizens of their right to vote — undermining the constitutional principle of free and fair elections.

With tensions escalating both legally and politically, the outcome of the final hearing may have far-reaching implications not only for Bihar’s upcoming elections but also for electoral processes nationwide.