Bihar SIR row: 'Will step in if there is mass exclusion of voters', says Supreme Court; hearing begins on August 12

A bench of Justices sought to allay the apprehension of petitioners who contended as many as 65 lakh voters have been excluded.

New Delhi: The Supreme Court on Tuesday said it was overviewing the process of Special Intensive Revision (SIR) of electoral rolls in Bihar as a judicial authority, and it would immediately step in if there was mass exclusion of voters.

A bench of Justices Surya Kant and Joymalya Bagchi sought to allay the apprehension of petitioners NGO Association for Democratic Reforms and others who contended as many as 65 lakh voters have been excluded on the ground that either they are dead and have permanently shifted their place of residence.

Fixing the date of hearing on August 12 and 13 on the batch of petitions, the court told senior advocate Kapil Sibal and advocate Prashant Bhushan that it would first hear them on their apprehension of the draft list, scheduled to be published on August 1.

"Your apprehension is 65 lakh odd voters will not feature. The EC is seeking correction vis-a-vis 2025 entry. We're overviewing the thing as a judicial authority. If there is mass exclusion, we will immediately step in. You bring 15 people saying they are alive, yet have been excluded," the bench told the counsel.

The court said the political parties should act as NGOs at this time to render their assistance in the process being undertaken ahead of Assembly polls in Bihar in November.

Bhushan said the EC has issued a press release stating 65 lakhs are either deceased or have permanently shifted.

Sibal said only the EC knew who the 65 lakh people were and if they mentioned their names in draft list, the petitioners would have no problem.

The court said, if the draft list is conspicuously silent, it can be brought to its notice.

Senior advocate Rakesh Dwivedi, appearing for the EC, submitted that once objections to the exclusion of names are considered, the real picture would emerge as to who has been excluded. 

"People are entitled to object. 30 days time has been given to file objections. The petitioners should assist in having the names added," he said.

He said, by September 15, the process is expected to be completed.

The court said it would hear the grievance of the petitioners on the draft list on August 12 and 13 and other issues in September.

Sibal pointed out an intervention application has been filed on behalf of the West Bengal government.

On July 28, 2025, the Supreme Court said, instead of en masse exclusion of voters, en masse inclusion should be the goal of the Election Commission as it again suggested the poll panel to include Aadhaar and Voter ID cards as valid documents in the Special intensive Revision of electoral rolls being undertaken in Bihar.

The top court, however, refused to restrain the Election Commission from publishing draft voters list on August 1, 2025.

The court had also clarified that the court can strike down the entire process if any illegality was found.