The Election Commission of India (ECI) has filed a detailed affidavit in the Supreme Court defending the ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar ahead of the upcoming assembly polls in the State..The poll body has asserted that the exercise is being carried out to ensure that "no eligible elector is left out from the electoral roll."The affidavit comes in response to petitions before the apex court alleging that the SIR process may result in large-scale disenfranchisement, particularly of marginalised communities. Rejecting these claims, the ECI said: “The Petitioners contention that the failure to submit Enumeration Form will result in disenfranchisement, and the period of thirty-one days for such submission is insufficient, is incorrect.” .Below are the grounds on which the ECI has defended the move ahead of the Bihar Legislative Assembly Elections, scheduled to take place in October-November this year..ECI’s power to verify voter eligibility rooted in Constitution.Responding to the argument that ECI was exceeding its jurisdiction by asking for citizenship documents, the Commission termed the contention “patently erroneous” and “based on an incorrect understanding” of the Constitution and statutory framework.It asserted that under Article 324 of the Constitution of India, the superintendence, direction and control of the preparation of electoral rolls are vested in the ECI. The Commission claimed that this constitutional provision “forms the bedrock of the ECI’s plenary authority in all matters relating to the preparation of electoral rolls”.“The ECI, being a constitutional body, would have constitutional authority to determine whether the constitutional requirement of citizenship has been fulfilled by a person claiming the right to be included in the electoral roll,” the affidavit said..Burden of proof of Indian citizenship.The Commission also submitted that a parliamentary law cannot take away the said power and that denial of this authority would result in inclusion of illegal immigrants and foreigners in the electoral rolls.The ECI maintained that the necessary documents required to establish citizenship are within the special knowledge of the individual claiming to be a citizen of India and, therefore, it is incumbent on the said individual to provide such proof.Addressing the petitioners' objection to requirement of documents for parental citizenship, the Commission stated that the claim was “patently erroneous, misleading, misconceived, and unsustainable”.It explained that the declaration form merely mirrors the requirements under Section 3 of the Citizenship Act, 1955..Electors without documents included in draft roll.To reassure those worried about being excluded from the voter list, the ECI said that each elector who has submitted the enumeration form with or without documents will be included in the draft roll to be published on August 1.“In substance, therefore, each elector who is included in the 2025 Electoral Roll shall form part of the draft roll merely on submission of the enumeration form,” it stated.Those unable to submit the form in time are entitled to seek inclusion in the final roll by submitting a claim in the prescribed form along with the declaration until September 1, the affidavit stated..Political parties roped in to trace electors.The Commission revealed that political parties were provided lists of electors whose forms had not been received. “As a special effort... political parties have been given the list of electors, whose enumeration forms have not been received, so that these political parties can trace them and get their enumeration forms through their BLAs (Booth Level Agents).”It further claimed that as on July 18, 94.68% electors stand covered, after accounting for dead, permanently shifted and multiple entries of the same electors..No deletions from voter rolls without hearing.Underlining procedural safeguards, the ECI assured the Court that an Electoral Registration Officer or Assistant Electoral Registration Officer (ERO/AERO) shall not delete any entry from the draft rolls without conducting an enquiry and giving a fair and reasonable opportunity to the persons concerned.Further, the ERO is obligated to pass a speaking order in this regard..Voters in 2003 rolls don't need to show documents.To reduce the documentation burden on voters, the Commission stated that electors whose names feature in the electoral roll of 2003 are exempted from furnishing documents to prove their eligibility.Instead, they must submit the Enumeration Form along with an extract of the 2003 roll being provided by Booth Level Officers (BLOs).The affidavit explained that those born after 1985 and eligible after 2003 can also establish their claim using the 2003 roll through their parents. “Such children... would only have to produce evidence of their relationship with those electors whose names feature in the 2003 electoral roll, along with the extracts of the said Roll.".Under the SIR guidelines, voters not included in the 2003 electoral roll are now required to submit documents proving their citizenship. For those born after December 2004, the directive mandates not only their own documents, but also those of both parents. In cases where a parent is a foreign national, the order asks for their passport and visa at the time of the applicant’s birth.Following the announcement of the SIR exercise, petitions were filed in the Supreme Court challenging the move. One of the petitions argues that the move violates Articles 14, 19, 21, 325 and 326 of the Constitution and also contravenes the provisions of the Representation of the People Act, 1950 and Rule 21A of the Registration of Electors Rules, 1960.According to the petition, the order imposes fresh documentation requirements and shifts the burden of proof from the State to the citizen. It also raises concerns over the exclusion of widely held documents like Aadhaar and ration cards, stating that this would disproportionately affect the poor and marginalised voters, especially in rural Bihar.The petition further notes that a Special Summary Revision had already been conducted in Bihar from October 2024 to January 2025 at the end of which there were no reports of serious irregularities. It says that the fresh exercise, coming just months before the assembly polls, raises serious concerns about its intent and implementation.The plea has also flagged the short deadline as a major issue. As per the ECI’s timeline, voters have time until July 25 to submit the required forms and documents. Failure to do so could result in exclusion from the draft rolls. The final list is set to be published by September 30..On July 10, the Supreme Court Bench of Justices Sudhanshu Dhulia and Joymalya Bagchi had refused to stay the SIR exercise, but directed the ECI to consider accepting documents like Aadhaar, Voter ID and ration cards for the purpose of voter enrolment.The Bench had observed that these documents were widely held and their exclusion could result in unintended hardship, especially for the poor and marginalised who may not possess other forms of identification. The Court asked the ECI to take a pragmatic view and explore whether such documents could be treated as valid indicators of eligibility, even if not conclusive proof.The Bench had also questioned whether the requirement of citizenship-related declarations in the enumeration form was encroaching upon the domain of the Central Government under the Citizenship Act, 1955. .The matter will be heard next on July 28.
