July 31, 2025

On Tuesday, the Supreme Court addressed serious concerns regarding the ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar. The court's division bench, led by Justices Surya Kant and Joymalya Bagchi, alarmed by the potential mass exclusion of voters, assured immediate intervention should the draft electoral roll, due on August 1, show substantial voter omissions. The petitioners expressed anxiety as claims surfaced that around 65 lakh voters might be excluded from the electoral rolls based on the Election Commission of India’s (ECI) categorization of them as either deceased or having permanently moved. "Your apprehension is that approximately 65 lakh voters may not be included. The ECI is looking to make corrections regarding entries as we approach 2025. We are monitoring this situation as a judicial authority. If evidence of mass exclusion is presented, we will take swift action," stated the bench, directly addressing the petitioners’ concerns regarding voter representation. Advocate Prashant Bhushan, representing one of the petitioners, pointed out that the ECI had issued a press release indicating the exclusion of 65 lakh voters, asserting their status as either deceased or relocated. Senior advocate Kapil Sibal, representing another petitioning party, argued that it is pertinent for the ECI to specify who these 65 lakh disenfranchised individuals are. He implored that having their names presented in the draft list would significantly support their case. In response to these arguments, the bench clarified that if the draft electoral roll lacked explicit details regarding these exclusions, it could be brought before the court for further examination. Meanwhile, the ECI’s counsel highlighted that the situation would clarify once objections regarding name exclusions are formally considered, stating, "People have the right to object to their omissions. A period of 30 days has been allocated to submit these objections, and the petitioners are encouraged to help reinstate the names that have been excluded." Justice Kant reinforced the credibility of the ECI by stating that it is a constitutional body expected to function strictly within the law’s framework. He proposed a hypothetical scenario, saying, "If someone who is wrongly marked as deceased comes forward asserting they are alive, we will step in to correct it." Recognizing the urgency of preserving electoral integrity leading up to the November assembly elections, the Supreme Court especially noted the role of political parties who, during this revision process, are urged to act in a capacity akin to non-governmental organizations (NGOs) to aid in upholding citizens' voting rights. The court emphasized the significance of transparency and communication from the ECI regarding the voters impacted by this mass exclusion, demanding clarity to ensure fairness in the electoral process. The matter is scheduled for a continuation of hearings on August 12 and 13, focusing primarily on the draft electoral roll issues. In a democracy, ensuring every eligible voter's right to vote is paramount. The Supreme Court's proactive stance is a critical step towards ensuring the democratic process remains unscathed, paving the way for upcoming assembly elections marked by fairness and inclusivity. As public interest grows, the court's proceedings will be closely monitored, underscoring the delicate balance between legal frameworks and electoral integrity.

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Tags: Supreme court, Bihar, Voter exclusion, Electoral rolls, Election commission of india,