Revision of electoral rolls in Bihar | Day 24: ECI took a liberal approach, argues Dwivedi
Challenge to the ECI’s Revision of Electoral Rolls in BiharJudges: Surya Kant CJI, Joymalya Bagchi J
Today, the Supreme Court continued hearing the challenge to the Special Intensive Revision (SIR) of electoral rolls in Bihar. Senior Advocate Rakesh Dwivedi appeared for the Election Commission of India (ECI) and reiterated that it has a constitutional duty to verify citizenship while drafting electoral rolls. Continuing his arguments from the last hearing on 15 January, Dwivedi clarified that disputed citizenship carries no consequences beyond the removal of a name from the roll.
Dwivedi: Liberal approach to those who were not included in the 2002 rolls
Dwivvedi argued that the petitioners had incorrectly relied on Lal Babu Hussein v Electoral Registration Officer (1995) to contend that the ECI cannot determine citizenship. Submitting that the case is factually distinct from the current challenge, he noted that the Court’s observations regarding the presumption of citizenship for those already on the rolls occurred immediately after a special revision. Further, the case centred on modification of rolls by the police, not the ECI. He maintained that the Bihar SIR operates under a different framework and should not be held to the same standard.
Dwivedi submitted that a high probative value was assigned to the 2002 rolls, which were compiled during Bihar’s previous SIR. He explained that voters already included in the 2002 rolls simply had to sign a pre-filled enumeration form which were uploaded by Booth Level Officers (BLOs) who had a bigger role to play, as they would make door-to-door visits. Electoral rolls prepared until June 2025 under summary revisions were provided similar benefits. The voters had to demonstrate a link to the 2002 rolls. This would satisfy the requirements to be included in the 2002 rolls. For instance, any voter who had their parents in the 2002 roll were not required to submit proof of birth.
Regarding the 11 documents mandated for the Bihar SIR, Dwivedi clarified that they were required only if the voter’s name—or their parents’ names—were absent from the 2002 rolls.
Dwivedi will continue arguments tomorrow on 21 January 2026.