ADR Challenges EC’s Bihar Voter Roll Order in Supreme Court

The Association for Democratic Reforms (ADR) has moved the Supreme Court, challenging the Election Commission of India’s (ECI) recent directive for a ‘Special Intensive Revision’ (SIR) of electoral rolls in the state. The civil society group has termed the move "unconstitutional" and warned that it could disenfranchise lakhs of genuine voters, particularly from marginalised communities.

The writ petition, filed on July 4 by advocate Prashant Bhushan on behalf of ADR, seeks quashing of the ECI’s June 24, 2025 order directing the special revision. The NGO argues that the directive violates Articles 14, 19, 21, 325, and 326 of the Constitution, along with provisions of the Representation of the People Act, 1950 and Rule 21A of the Registration of Electors Rules, 1960.

“The SIR order, 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 the basic structure of the Constitution,” the plea stated.

A Question of Process and Timing

At the core of ADR’s challenge lies the alleged lack of procedural safeguards and the “unreasonably short timeline” for the revision, especially in a state gearing up for polls due in November 2025. The NGO pointed out that Bihar’s high rates of poverty and migration mean that large sections of the population—especially Scheduled Castes, Scheduled Tribes, and migrant workers—lack access to the documentation now being demanded under the SIR.

The petition notes that current reports from the ground already show lakhs of voters, particularly from remote villages, struggling to produce the documents required to stay on the electoral rolls. These include proof of citizenship and even parental citizenship—conditions ADR says are excessive and discriminatory.

“The declaration as required under the SIR process is violative of Article 326 in so far as it requires a voter to prove not only his or her citizenship but also that of a parent, failing which the name may be excluded from the draft electoral roll,” it reads.

Shifting the Burden

ADR has also criticised the ECI for shifting the onus of voter verification from the state to citizens. The exclusion of commonly used ID proofs like Aadhaar or ration cards has further deepened the concern, as it puts already vulnerable communities at greater risk of being excluded from the democratic process.

According to estimates cited in the plea, over 3 crore voters in Bihar—many of whom didn’t appear in the 2003 electoral rolls—could be impacted by the stringent documentation requirements and compressed timelines.

“Unfounded, Unjustified and Unfair”

The NGO also highlighted that a Special Summary Revision (SSR) had already been conducted between October 29, 2024, and January 6, 2025, which addressed issues such as migration, deaths, and removal of ineligible voters. “There is no compelling reason to launch such a drastic exercise again, especially so close to the elections,” the petition argues.

While acknowledging that periodic roll revisions are necessary to maintain the integrity of the electoral process, ADR contended that the manner, timing, and implementation of this specific directive are flawed.

No Transparent Justification

Under Section 21(3) of the Representation of the People Act, 1950, the ECI can order a special revision, but it must be based on recorded reasons and justifiable evidence. ADR contends that the June 24 order lacks both. "There is no transparent methodology or rationale disclosed in the ECI’s directive, rendering it arbitrary and legally untenable," it stated.

The petition concludes that while cleaning up voter rolls is a legitimate goal, the current approach not only bypasses due process but also threatens to exclude a massive chunk of the electorate—undermining the core values of India’s democratic framework.

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