The SIR Underway: 'Supreme Court Bench headed by Justice Dhulia to hear Bihar electoral roll revision case on July 10 [today]'

[Sukla Sen]

Make no mistake.

It's an attempted mega-assault on the "India" that was brought into being by the epic Indian freedom struggle on August 15 1947, the day when the shackle of foreign colonial rule was finally shaken off.

Arguably, the most major as yet.

Universal adult franchise, along with "free" elections -- every five years or so, is one of the very cornerstones of the Indian political system -- its much vaunted, even if flawed, electoral "democracy".

The SIR, an unprecedented move any whichever way, is structured to disenfranchise millions and millions -- the marginalised (and targeted) ones in particular by making near-impossible demands in terms of documents submission and that too within an absurdly tight time schedule.

On top of this, those who will be disenfranchised via this summary exercise will also face the nightmarish prospect of losing citizenship as well. Even if that process will presumably be a bit cumbersome.

All in all, if this already unleashed process -- which in due course is slated to be extended to whole of India -- goes unabated, will radically change "India", as it stood till now.

<https://www.thehindu.com/elections/bihar-assembly/supreme-court-bench-headed-by-justice-dhulia-to-hear-bihar-electoral-roll-revision-case-on-july-14/article69792348.ece>

<<The petitions listed for hearing, and challenging the SIR, include ones by Trinamool Congress MP Mahua Moitra, Congress leader K.C. Venugopal, Rashtriya Janata Dal MP Manoj Jha, activists Yogendra Yadav, Arshad Ajmal, NGOs Association for Democratic Reforms and People’s Union for Civil Liberties. The court has also listed a petition filed by advocate Ashwini Kumar Upadhyay supporting the SIR.

The petitions have argued that an interim order from the apex court staying the June 24 notification announcing the SIR was necessary as crores of voters, drawn from the poor and marginalised sections of the society, were put on a tight leash to produce documents to prove their domicile or face the prospect of disenfranchisement.>>

Here's the "synopsis" of the ADR petition -- most likely the first and, maybe, the most significant one:

SYNOPSIS

The present Writ Petition has been filed under Article 32 of the 

Constitution of India seeking setting aside of Order and 

communication dated 24.06.2025 issued by the Respondent 

Election Commission of India (ECI) directing for Special Intensive 

Revision of Electoral Rolls in Bihar (SIR Order) as being in violation 

of Articles 14, 19, 21, 325 and 326 of the Constitution of India as 

well as provisions of Representation of People’s Act, 1950 and Rule 

21A of the Registration of Electors Rules, 1960. The SIR order dated 

24.06.2025 if not set aside, can arbitrarily and without due process 

disenfranchise lakhs of voters from electing their representatives, 

thereby disrupting free and fair elections and democracy in the 

country, which are part of basic structure of the Constitution. That 

the documentation requirements of the directive, lack of due 

process as well as the unreasonably short timeline for the said 

Special Intensive Revision of Electoral Roll in Bihar further make 

this exercise bound to result in removal of names of lakhs of 

genuine voters from electoral rolls leading to their 

disenfranchisement.

That the order dated 24.06.2025 issued by ECI has shifted the onus 

of being on the voters’ list from the State to citizens. It has excluded 

identification documents such as Aadhar or ration cards which 

further make marginalised communities and the poor more 

vulnerable to exclusion from voting. The Declaration as required 

under the SIR process is violative of Article 326 in so far as it 

requires a voter to provide documents to prove his/her citizenship 

and also citizenships of his/her mother or father, failing which 

his/her name would not be added to the draft electoral roll and can 

be deleted from the same.

That ECI has issued unreasonable and impractical timeline to 

conduct SIR in Bihar with close proximity to state elections which 

are due in November 2025. There are lakhs of citizens (whose 

names did not appear in 2003 ER) who do not possess the 

documents as required under the SIR order, there are many who 

may be able to procure the documents but the short timeline 

mentioned in directive may preclude them from being able to supply 

the same within the time period.

Bihar is a state with high poverty and migration rates where many 

lack access to documents like birth certificates or parental records. 

As per estimates over 3 crore voters and more particularly from 

marginalized communities (such as SC, STs and migrant workers) 

could be excluded from voting due to the stringent requirements as 

mentioned in the SIR order. That the current reports from Bihar, 

where SIR is already underway, show that lakhs of voters from 

villages and marginalized communities do not possess the 

documents as being sought for them. 

Section 21(3) of the Representation of the People Act, 1950 (RPA, 

1950 allows the ECI to direct a special revision of electoral rolls "for 

reasons to be recorded." The ECI's directive lacks recorded reasons 

supported by any evidence or transparent methodology, rendering 

it arbitrary and thus liable to be struck down. The requirement of 

citizenship documents contravenes the requirement of specific 

grounds for deletion of names from electoral rolls (e.g., death, non-

residence, or disqualification under Section 16 of RPA, 1950).

Since 2003, five general elections and five assembly elections have 

taken place in Bihar with continuous addition and deletion of 

names in Bihar’s electoral roll. While SIR of Bihar or any other state 

of country is a positive step, but the manner in which ECI has 

directed the conduct of SIR in a poll bound state like Bihar, has 

raised questions from all stakeholders, particularly the voters. 

Moreover, Special Summary Revision (SSR) was already conducted 

between October 29, 2024 and January 6, 2025 which addressed 

issues such as migration and ineligible voters due to death or other 

reasons. Thus, there is no reason for such a drastic exercise in a 

poll bound state in such a short period of time, violating right to 

vote of lakhs of voters.

Therefore, order and communication dated 24.06.2025 for Special 
Intensive Revision of Electoral Roll in Bihar as issued by the ECI is 
liable to be struck down.

Hence the instant Writ Petition.

Peace Is Doable