The Election Commission of India (ECI) has doubled down on its position regarding the ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar, informing the Supreme Court in its affidavit –in the ongoing challenges to the controversial “special intensive revision” (SIR) of voter rolls– that Electoral Photo Identity Card (EPIC/Voter ID) cannot be not be considered a primary document for fresh entries during the Special Intensive Revision (SIR). On the Aadhaar card too, the ECI reiterated its previous stand that the identity card in law, is not recognised as a standalone valid document for electoral roll inclusion though it can “supplement other documents to prove eligibility,” acknowledging its utility for identification purposes during the SIR process. These assertions, made in a counter-affidavit filed on July 21, 2025, by Deputy Election Commissioner Sanjay Kumar, reveal the ECI’s categorisation of the SIR as a “de novo revision process” under Rule 21(3) of the Representation of the People Act, 1950.
Crucially, the ECI has also adamantly defended its authority to verify citizenship during this revision. While not claiming to adjudicate citizenship like the Central Government under the Citizenship Act, 1955, the ECI maintains its constitutional mandate under Article 326 and Sections 16 and 19 of the Representation of the People Act, 1950, to ensure that only Indian citizens are registered as voters.
This stance directly addresses concerns raised during the Supreme Court’s July 10 hearing, where the bench had indicated that EPICs, along with Aadhaar and ration cards, should be considered valid documents. The onus, according to the ECI, remains on the individual to provide proof of citizenship for inclusion.
52, 30,126 electors (6.62%) were not found at their addresses so far, 18.66 lakh deceased says ECI
The hastily announced SIR—given that the state assembly elections are just a few months away have raised vocal opposition and concerns over the motive behind the process: whether mass exclusion of legitimate voters from the marginalised sections was underway, through this backdoor and unlawful method. Now the Commissions provisional figures lend strength to these accusations! The Election Commission’s provisional figures released yesterday, July 22, 2025, detailing Bihar’s Special Intensive Revision (SIR) of electoral rolls, have ignited a political firestorm, raising profound concerns about potential widespread disenfranchisement. The ECI reported receiving 7, 16, 04,102 enumeration forms, representing 90.67% of the total electors.
However, the concerning revelation that “52, 30,126 electors (6.62%) were not found at their addresses so far” has become the central point of contention. This significant cohort comprises 18,66,869 reported deceased, 26,01,031 permanently shifted, and 7,50,742 enrolled at multiple places, alongside a smaller but concerning 11,484 untraceable individuals. Together, these account for about 6.62 per cent of the electorate. With the ECI’s motives under suspicion, its methodology faulty and opaque, and its attitude one of non-transparency laced with institutional arrogance, Bihar’s electorate is on edge.
The ECI’s press note dated 22.07.2025 can be read here
ECI’s rationale: preserving the integrity of revision
The ECI’s affidavit explicitly states, “The EPIC cards are prepared on the basis of electoral rolls. Since the electoral roll, itself, is being revised, the production of EPIC Cards will make the whole exercise futile. The conceptual and procedural integrity of a de-novo revision would stand undermined if EPICs, which are merely reflective of prior entries, are used to validate entries in a roll that is required to be constructed anew. The EPIC, being a by-product of an earlier electoral roll, cannot substitute the verification process mandated for fresh preparation and reliance solely on the EPIC for inclusion or automatic continuance would be contrary to both the scheme and purpose of a fresh revision exercise” as Live Law reported
#BREAKING In the #Bihar SIR matter, Election Commission tells Supreme Court that the Electoral Photo Identity Card (EPIC) cannot be accepted for inclusion in the voter rolls, as this process is a fresh revision.
Since Voter ID cards are issued based on existing electoral rolls,… pic.twitter.com/Uk4Y4GPKgm
— Live Law (@LiveLawIndia) July 21, 2025
Regarding Aadhaar, the ECI reiterated its long-standing position: it is not recognised as a standalone valid document for electoral roll inclusion as it primarily serves as proof of identity and does not establish citizenship. The Commission cited Section 9 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, which explicitly clarifies that possessing an Aadhaar number does not confer citizenship.
However, the ECI did clarify that Aadhaar can “supplement other documents to prove eligibility,” acknowledging its utility for identification purposes during the SIR process, as evident from the enumeration forms allowing voluntary submission of Aadhaar numbers.
The exclusion of ration cards from the list of acceptable documents for the Bihar SIR was justified by the ECI on the grounds of widespread prevalence of fraudulent cards. The Commission referenced a central government press release from March 7, 2025, which reported the removal of 5 Crore fake ration cards. According to Live Law, the affidavit noted, “That it is submitted that given the widespread existence of fake ration cards, it has not been prescribed within a list of 11 documents to be relied upon for screening eligibility under Article 326”
Despite this, the ECI emphasised that the list of documents in the Enumeration Forms is indicative, not exhaustive. Electoral Registration Officers (EROs) and Assistant EROs (AEROs) are obligated to consider all documents presented for proof of eligibility, including ration cards, with the final decision resting on the officer’s satisfaction as per Section 22 of the RP Act, 1950, and Rule 21(A) of the RER, 1960. The ECI clarified that these documents are primarily for “the limited purpose of establishing identity” during the SIR process.
ECI’s assertions on citizenship verification powers
A significant aspect of the ECI’s counter-affidavit is its determined defense of its authority to seek proof of citizenship during the SIR. This directly counters the petitioners’ argument that the ECI is overstepping its jurisdiction. The Commission asserted its statutory obligation to ensure only Indian citizens are registered as voters, deriving this power from Article 326 of the Constitution and Sections 16 and 19 of the Representation of the People Act, 1950.
Deputy Election Commissioner Sanjay Kumar’s affidavit stated, “ECI is vested with the power to scrutinize whether a proposed elector fulfils the criteria for being registered as a voter in the electoral roll, which includes, inter alia, an assessment of citizenship as per Article 326 of the COI. Such scrutiny is constitutionally mandated and crystallized by virtue of RP Act 1950. This power flows directly from the provisions of Article 324 read with 326 and Sections 16 and 19 of the RP Act 1950” Live Law reported
The ECI dismissed the contention that the power to adjudicate citizenship rests solely with the central government. While acknowledging Section 9 of the Citizenship Act, 1955, which grants exclusive jurisdiction to the Central Government in cases of voluntary acquisition of foreign citizenship, the ECI argued that “Other aspects related to citizenship can be inquired into by other relevant authorities for their purposes, including those who are constitutionally obligated to do so, ie., the ECI.” The Commission highlighted that establishing citizenship is the individual’s responsibility, as the necessary documents are within their personal knowledge.
Crucially, the ECI clarified that it is not undertaking any independent exercise of determining or adjudicating upon the question of citizenship, but merely discharging its duty to prevent non-citizens from being included in the electoral roll. This, it argued, is distinct from the process under the Citizenship Act, 1955.
The Commission also rejected the idea that requiring proof of citizenship reverses the burden of proof, stating that under the electoral registration scheme, an applicant must establish eligibility by submitting Form 6. For existing names, removal occurs only after a detailed inquiry and when the ERO is satisfied of the person’s ineligibility, without implying termination of citizenship.
The SC’s July 10 intervention
These recent ECI submissions come in the wake of a mid-vacation hearing on July 10, 2025, where the Supreme Court, while declining to impose an interim stay on the Bihar SIR, made crucial observations. The bench, comprising Justices Sudhanshu Dhulia and Joymalya Bagchi, had unequivocally directed the ECI to “consider the following documents such as the Aadhaar card, the EPIC voter ID card issued by the Election Commission, and ration card.”
The Court had also noted that the ECI’s existing list of 11 accepted documents was “not exhaustive.” This directive came amidst a batch of petitions, including those filed by the Association for Democratic Reforms (ADR), challenging the SIR process as arbitrary, discriminatory, and a potential threat to the fundamental right to vote, particularly by effectively acting as a citizenship screening mechanism.
Petitioners, represented by legal stalwarts like Gopal Sankarnarayanan, Kapil Sibal, and Abhishek Manu Singhvi, had questioned the legality of the “Special Intensive Revision,” its unprecedented nature, the arbitrary distinctions made between voters (especially pre- and post-2003 registrants), and the immense burden of proof placed on individuals. Concerns were also raised about the short 30-day timeline and its proximity to the November 2025 Bihar Assembly elections, suggesting a political motive behind the exercise.
From about July 10, the Hindi daily, Dainik Bhaskar, as also independent journalist and You Tuber, Ajit Anjum have been flagging the issue of the problematic manner in which the SIR process is being carried out in Bihar.
Adding to the complexity and public scrutiny of the SIR process, senior journalist Ajit Anjum has faced legal repercussions for his investigative reporting. On July 13, 2025, a First Information Report (FIR) was registered against Anjum and his team in Balia, Begusarai, Bihar. The complaint, filed by a Booth Level Officer (BLO), alleged obstruction of government work and spreading communal animosity, citing sections of the Bharatiya Nyaya Sanhita, 2023, and the Representation of People’s Act, 1951.
His video reports from the ground have meticulously detailed instances where ECI guidelines were allegedly circumvented, such as voters being denied acknowledgment receipts, BLOs receiving only single copies of forms, and incomplete forms being uploaded with only names and signatures, lacking photos or full details. Anjum’s persistent questioning of these procedural flaws, and his refusal to remove his videos despite alleged pressure from local authorities, has brought the ground-level challenges of the SIR into sharp focus.
The road ahead: July 28 hearing and public scrutiny
The ECI’s detailed affidavit sets the stage for the next Supreme Court hearing on July 28, 2025. This hearing is expected to be crucial in determining the future direction of Bihar’s electoral roll revision. While the ECI asserts its constitutional and statutory mandate to conduct a thorough revision, including citizenship verification, and to set criteria for document acceptance, the Court’s previous observations indicate a strong emphasis on ensuring no eligible voter is disenfranchised.
The challenge lies in balancing the ECI’s goal of “purity” in electoral rolls with the fundamental right to vote and avoiding processes that could disproportionately impact vulnerable populations. The ongoing legal battle, coupled with intense media and political scrutiny, underscores the significant implications of the Bihar SIR for democratic processes in India. The period from August 1 to September 1, 2025, earmarked for public objections to the Draft Electoral Rolls, will also be critical, as it provides a window for citizens to address any inaccuracies or exclusions.
Opposition parties staged protest outside the Parliament and Bihar Assembly
The release of these figures immediately galvanised opposition parties in Bihar. On July 22, 2025, dressed in black, opposition party legislators in the Bihar Assembly staged a protest for the second consecutive day against the ongoing SIR. The intensity of the protest escalated on July 23, 2025, leading to the adjournment of the Bihar Assembly until 2 p.m. after Chief Minister Nitish Kumar angrily intervened during a statement by Leader of the Opposition Tejashwi Yadav, plunging the House into turmoil.
#BREAKING In the #Bihar SIR matter, Election Commission tells Supreme Court that the Electoral Photo Identity Card (EPIC) cannot be accepted for inclusion in the voter rolls, as this process is a fresh revision.
Since Voter ID cards are issued based on existing electoral rolls,… pic.twitter.com/Uk4Y4GPKgm
— Live Law (@LiveLawIndia) July 21, 2025
Former CM Rabri Devi and other RJD MLCs mirrored this protest outside the Bihar Assembly.
VIDEO | Patna: Former CM Rabri Devi (@RabriDeviRJD) and other RJD MLCs stage protest outside the Bihar Assembly over the issue of SIR.#BiharAssembly #BiharNews #BiharPolitics
(Full video available on PTI Videos – https://t.co/n147TvrpG7) pic.twitter.com/jv6RiKAbwy
— Press Trust of India (@PTI_News) July 23, 2025
Tejashwi Yadav, addressing the media, stated, “Today, we spoke on SIR in the Assembly…Who has been in power since 2005? Everyone knew what the discussion would be on, but the CM kept speaking on what he wanted. CM is not state to run the state now. The way state is being run from Delhi on remote control…”
#WATCH | Patna | On Bihar SIR, RJD leader Tejashwi Yadav says, “Today, we spoke on SIR in the Assembly…Who has been in power since 2005?..Everyone knew what the discussion would be on, but the CM kept speaking on what he wanted. CM is not state to run the state now. The way… pic.twitter.com/hcfnlvhnuE
— ANI (@ANI) July 23, 2025
He further criticised the ECI’s “hasty” SIR, questioning, “Where will poor people get so many documents from?” Yadav also revealed, “The Speaker scolded the Deputy CM. Deputy CM Vijay Sinha made an inappropriate statement. Why are they allowed to speak in between?… The opposition will raise questions.”
The concerns over Bihar’s SIR have resonated across the national political landscape. Lok Sabha LoP and Congress MP Rahul Gandhi, commenting on the ECI flagging 52 lakh missing voters in Bihar, broadened the scope of the accusation: “It is not just about those 52 lakh people. They have done cheating in Maharashtra (Assembly elections). We asked the ECI to show the voter’s list, but they refused. We asked them to show videography, but they changed the rules of videography. 1 crore new voters were added in Maharashtra. In Karnataka, we have caught a huge theft. I will show it to the Election Commission in black and white on how theft is done. They have understood that we are aware of their game now… Now, what they are doing is that they have deleted the voters, and a new voter list will be brought…”
#WATCH | Delhi: On Election Commission flags 52 lakh missing voters in Bihar, Lok Sabha LoP and Congress MP Rahul Gandhi says, “It is not just about those 52 lakh people. They have done cheating in Maharashtra (Assembly elections). We asked the ECI to show the voter’s list, but… pic.twitter.com/a8sqIx35rW
— ANI (@ANI) July 23, 2025
The consolidated opposition front views the SIR exercise not merely as an administrative cleanup but as a deliberate attempt to manipulate electoral outcomes by targeting specific demographics for disenfranchisement
The sheer scale of these “untraced” electors, when combined with the ECI’s firm stance that Voter IDs are unacceptable for fresh enrollment and its assertive claim of citizenship verification powers, paints a troubling picture. This policy framework, particularly for a “de novo” revision, places an immense burden on genuine voters, especially migrant workers and those with limited access to extensive documentation.
The larger narrative
The ECI’s position, particularly on Voter IDs and citizenship verification, stands in direct contrast to the Supreme Court’s observations during the July 10, 2025 hearing. In that earlier proceeding, the Court had urged the ECI to be more inclusive, specifically indicating that Aadhaar, EPICs, and ration cards should be considered valid identity documents for the SIR. The current ECI affidavit, filed in response to this, demonstrates a firm resolve to implement its own interpretation of the revision process. This creates a legal challenge that the July 28 hearing will likely address.
The concerns about potential disenfranchisement, particularly for marginalised communities, are not merely speculative. As highlighted by journalist Ajit Anjum’s recent reporting and subsequent FIR, the ground reality of the SIR has revealed significant procedural inconsistencies and challenges, like the denial of acknowledgement receipts and the burden on citizens to photocopy forms due to BLOs having limited supplies.
These on-the-ground issues illustrate the practical difficulties electors face in complying with the ECI’s demands, amplifying the fear that the roughly 52.30 lakh “untraced” electors might face an uphill battle to prove their eligibility. The ECI’s defense of its citizenship verification powers, while legally framed, is seen by many as adding another layer of scrutiny that could disproportionately affect those whose citizenship documentation might be less straightforward or readily available. The ongoing legal battle and the ECI’s detailed data point to a significant democratic exercise with far-reaching implications for voter rights and the integrity of the electoral process in Bihar and, potentially, across the nation.
Related