SC Sets Oct 7 For Final Hearing On Pleas Against Validity Of Bihar SIR

The Supreme Court on Monday announced that it will hear final arguments on October 7 regarding the Special Intensive Revision of Bihar’s electoral rolls.

The bench clarified that its verdict will not only impact Bihar’s voter list exercise but will also guide how the Election Commission of India conducts similar exercises nationwide.

Challenge To Bihar’s Electoral Roll Revision

The court was hearing petitions challenging the Election Commission’s decision to conduct an SIR in Bihar. Critics, mainly from opposition parties, alleged that the exercise was designed to suppress votes ahead of the upcoming state assembly elections, benefiting the ruling BJP-led NDA. The ECI had notified in June 2025 that the revision would overhaul Bihar’s voter list, with January 1, 2026, set as the qualifying date.

The ECI’s affidavit submitted on Monday stated that it has asked Chief Electoral Officers across the country—except Bihar—to begin preparations for their respective SIR exercises.

The bench warned, “If we find any illegality in Bihar SIR, the entire exercise will be set aside.”

Aadhaar As ‘12th Document’: Still Under Review

A key point of contention has been the court’s earlier order permitting the use of Aadhaar cards as the “12th document” for voter identity verification. The court had directed that Aadhaar could be used subject to verification of its authenticity and without it serving as proof of citizenship.

In response to the Centre’s plea to reconsider this order, the bench observed, “Other documents too can be forged, not just Aadhaar.” To this, the Centre argued through Advocate Ashwini Upadhyay, “Keeping Aadhaar with the 11 other documents is completely contrary to law. Aadhaar is issued to foreigners also. Please modify the order dated 8th September. Otherwise it will be disastrous.”

The bench responded, “Whether disastrous or not will be decided by the ECI… we are keeping this issue open. We are not rejecting or accepting.”

Clarification From Last Hearing

In its previous order, the court had clarified, “It shall not be accepted as proof of citizenship.” While acknowledging that Aadhaar cannot serve as proof of citizenship under the Aadhaar Act, 2016, the court cited Section 23(4) of the Representation of People Act, 1950, to justify its inclusion as one of the documents that can establish identity.

The court had directed the ECI to issue instructions by September 9, stating, “Accordingly, we direct the Election Commission of India and its authorities to accept Aadhaar Card as a proof of identity for the purpose of inclusion or exclusion in the revised voter list of the State of Bihar.”

Bihar Elections

The assembly elections in Bihar are expected to be completed by November 22, 2025. The voter list revision has emerged as the most contentious issue between the ruling government and opposition parties.

The draft voter rolls are likely to be published by October 1, after which the Election Commission will announce the election schedule.

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