Today, On 7th November, The Supreme Court listed the Bihar SIR case for hearing on November 11 at 11 AM after Advocate Prashant Bhushan sought urgent consideration, citing concerns over the Election Commission’s refusal to accept Aadhaar for voter verification.
The Supreme Court scheduled the Bihar SIR case for hearing on November 11 at 11 AM, following a request for urgent consideration from Advocate Prashant Bhushan.
Bhushan highlighted concerns regarding the Election Commission of India’s (ECI) refusal to accept Aadhaar cards for voter verification.
Initially, the Bench led by Justice Surya Kant indicated challenges in addressing the matter on Monday, November 10.
However, after further arguments from Bhushan and Senior Advocate Kapil Sibal, the Court agreed to hear the case on Tuesday.
Noting that the SIR process was already underway and expanding beyond Bihar to other regions, Bhushan emphasized to the Bench,
He contended that the ECI’s choice to reject Aadhaar cards, despite prior commitments, was obstructing the verification process. Sibal, representing a Member of Parliament from West Bengal, informed the Court of a separate application filed on behalf of his client.
Acknowledging the arguments, Justice Kant confirmed that the Bench would discuss the issue on November 11 at 11 AM.
Earlier, On October 9, the Court instructed the Bihar State Legal Services Authority (SLSA) to provide immediate support to individuals reportedly excluded from Bihar’s final voter rolls during the ECI’s SIR ahead of the Assembly elections.
The ECI had previously stated to the Court that the voter roll revision in Bihar adhered to due process and that no genuine voter complaints had been lodged; only objections had arisen from Delhi-based NGOs through data analysis.
Earlier, on September 15, the Court had assumed that the ECI, as a constitutional entity, was adhering to legal standards in conducting the SIR of Bihar’s electoral rolls and warned that any illegality could invalidate the process.
Additionally, On September 8, the Court clarified that Aadhaar cards issued under the Aadhaar Act, 2016, would be accepted as the 12th document for identity verification in the revised electoral rolls of Bihar prior to the Assembly elections.
Notably, on September 1, the Bench emphasized that the ECI had already established adequate safeguards and reiterated that claims and objections could be submitted even after the statutory deadline of September 1. It also cautioned against political parties attempting to elevate Aadhaar’s legal status beyond what is allowed by law, making it clear that Aadhaar cannot serve as standalone proof of citizenship.
In its defense, the ECI had characterized the exercise as lawful, necessary, and in the public interest. An interim application was filed by ADR on August 8 concerning the SIR of electoral rolls in Bihar, raising serious concerns about the exclusion of over 65 lakh names from the draft rolls. The Apex Court requested a response from the ECI.
On July 29, the Court stated it would closely monitor the ongoing Bihar electoral rolls if petitioners could identify even 15 individuals who had been removed from the rolls.
The Supreme Court reiterated on July 28 that it would not stay the SIR of electoral rolls in Bihar, with Justice Surya Kant asserting that,
“There should not be mass exclusion.. we want mass inclusion.”
Recently, ADR informed the Supreme Court that the ECI had not provided valid reasons for excluding Aadhaar, EPIC, and ration cards from the list of acceptable documents during the SIR of electoral rolls.
Previously, the ECI had argued that Aadhaar, Electoral Photo Identity Cards (EPIC), and ration cards were not valid proof of citizenship. In a detailed affidavit responding to the petitions challenging the revision drive, the Commission maintained that these documents lacked legal validity for determining citizenship and could not be relied upon to validate voter eligibility.
Case Title: Association for Democratic Reforms & Ors v. Election Commission of India & Anr.