Is Bihar’s Voter List Revision A Backdoor NRC? What Both Sides Exactly Argued In SC Over Citizenship, Deadlines And Missing Aadhaar

Rahul Gandhi speaks during 'Bihar Bandh' called by the Mahagathbandhan against the Special Intensive Revision of the voter list ahead of the Bihar Assembly Elections 2025 in Patna on July 9. (Photo: ANI)

New Delhi: The Supreme Court on July 10 refused to halt the ongoing Special Intensive Revision of the electoral rolls in Bihar – a move that has triggered fierce opposition and legal pushback with elections just months away.

A division bench, comprising Justices Sudhanshu Dhulia and Joymalya Bagchi, stopped short of issuing an interim order but made it clear this was not the end of the road. The matter will now return for detailed hearing on July 28.

What is at stake is not merely a list of names. At the heart of the dispute is the very process by which people prove they belong and whether this verification drive risks sidelining millions of voters, especially those at the margins of society.

Court Questions Document List, Signals Concern

The Election Commission (EC) has issued a list of 11 documents to verify voter identity under the special revision drive. These include passports, caste certificates and school documents but not Aadhaar (a unique identification card). Petitioners flagged this omission.

Justice Dhulia said that Aadhaar, EPIC (Electoral Photo Identity Card – which is commonly known as voter ID card) and ration cards are routinely used for identification. “If these are added, most issues raised in the petitions may resolve themselves,” he said.

The bench added that while it was up to the EC to accept or reject documents, if it chose to exclude any, it must explain why.

Representing the EC, Senior Advocate Rakesh Dwivedi clarified that the current list of 11 documents is not final. But he insisted that Aadhaar cannot be a standalone proof of citizenship.

The court was not entirely satisfied. Justice Dhulia asked, “If I need a caste certificate, I show Aadhaar. But caste certificate is among the 11 documents, and Aadhaar is not?”

He reminded the Commission, “Citizenship is not your domain. That lies with the Home Ministry.”

Is the Commission Overstepping Its Role?

Senior counsels appearing for the petitioners accused the EC of going beyond its legal limits. Senior lawyer Kapil Sibal warned that a large number of genuine voters could lose their right to vote. “They say if you do not fill the form, you will not be allowed to vote. That is beyond the Commission’s mandate,” he submitted.

He argued that the right to vote flows from citizenship, and the Constitution does not require voters to repeatedly prove it unless disqualified by law.

Senior Advocate Abhishek Manu Singhvi said, “Once your name is on the list and you have a voter ID, the presumption is in your favour.”

Senior lawyer Gopal Sankaranarayanan described the process “discriminatory” as, according to him, it exempted judges, artists and others from certain requirements – raising concerns of “bias”.

Senior Advocate Vrinda Grover pointed to the vulnerable – migrant workers, trans persons and orphans – who could suffer the most. “The burden has shifted to the voter to prove citizenship,” she said.

A Rushed Process?

The bench repeatedly questioned the practicality of the exercise. Justice Dhulia said, “In a country where documents are scarce, where will people find these papers? If you ask me, even I may not be able to provide them.”

The court expressed concern about the timing. With elections due in November, is it even possible to complete this in time?

Advocate Dwivedi responded that nearly 3 lakh personnel were on the ground distributing forms and that most of the work was done. He said the Commission is monitoring the process closely and that those excluded will be given a chance to appeal.

But the court was not reassured. Justice Dhulia warned that once the final list is out and elections are notified, the courts will not be able to intervene.

Justice Bagchi suggested separating the voter list revision timeline from the election notification.

Singhvi pointed out that the last such revision took place two years ahead of the 2003 assembly elections.

Why This Special Revision Now?

On June 24, 2025, the Election Commission announced the special revision, stating that the last such exercise happened in 2003. Since then, many voters had died, migrated or entered the country “illegally”. To clean up the rolls, it said, a fresh verification drive has been launched.

Those already on the 2003 list only need to fill a form. But those not on it must provide documents based on their year of birth. Those born before July 1, 1987 must show proof of birth or place of birth. Those born between July 1, 1987 and December 2, 2004 must show documents of one parent. Those born after that must submit both their own and their parents’ papers unless their parents are already on the 2003 voter list.

Everyone, new or old, must fill the official form issued by the Commission. The deadline to submit this form is July 26. A draft list will be published on August 1. Complaints can be filed for a month, and the final voter list will be released on September 30.

The EC says Bihar has about 80 million voters. Critics argue the time frame is impossibly short.

Political Backlash

Civil society groups and Opposition parties have called the process opaque and exclusionary. West Bengal Chief Minister Mamata Banerjee claimed the revision is a “backdoor attempt at NRC”. “This is not routine verification. This is mass disenfranchisement in disguise,” she alleged.

The Election Commission insists it is only updating the electoral rolls. The court is watching. And in the shadow of Bihar’s upcoming election, millions are now racing to prove they belong.