The Supreme Court today questioned the Election Commission of India (ECI) over its special drive to verify citizenship in Bihar’s electoral rolls ahead of the upcoming Assembly elections. The move, aimed at weeding out non-citizens, has drawn sharp criticism from Senior Advocate Kapil Sibal, who argued that the burden of proving citizenship should not fall on voters.
The ECI’s Special Intensive Revision (SIR) exercise, initiated on 24 June 2025 under the Representation of the People Act, 1950, seeks to ensure only Indian citizens remain on the voter list. However, Sibal, representing RJD MP Manoj Jha, claimed that the exercise unfairly targets genuine voters while ignoring the practical difficulties in furnishing documents.
Sibal vehemently opposed the ECI’s move, stating, “The burden is not on me to prove citizenship. Before removing anyone from the electoral roll, the ECI must show documents proving they are not citizens.” He further claimed that many common identity proofs such as Aadhaar, MNREGA cards, and ration cards were excluded from the ECI’s list of acceptable documents, making compliance difficult for ordinary citizens.
Lakhs of Bangladeshis and Rohingyas are illegally staying in India.
When govt is cross-verifying the citizenship, Kapil Sibal wants otherwise. pic.twitter.com/y56axKn2jJ
— Shashank Shekhar Jha (@shashank_ssj) July 11, 2025
It is argued that Sibal’s stance undermines efforts to identify and remove illegal Bangladeshi and Rohingya migrants who have fraudulently enrolled as voters. Government sources estimate that lakhs of such immigrants reside illegally in states like Bihar, West Bengal, and Assam, often with fake documents.
The ECI defended its exercise, stating that its duty under the law is to ensure only citizens can vote. Senior Advocate Rakesh Dwivedi, representing the ECI, argued that while Aadhaar can verify identity, it does not confirm citizenship, a distinction that necessitates stricter scrutiny.
Justice Sudhanshu Dhulia questioned the timing of the exercise, asking, “Isn’t it too late now?” He expressed concern that genuine voters could be disenfranchised if forced into lengthy appeals just before elections. However, Justice Joymalya Bagchi noted that even existing documents like passports or birth certificates do not conclusively prove citizenship.
The debate comes amid growing concerns over illegal migrants influencing elections. The Bihar government’s own survey revealed that only a negligible percentage of people possess citizenship certificates, raising doubts over the legitimacy of many voters.
Sibal’s argument that the ECI should not demand proof of citizenship has sparked backlash, with critics accusing him of protecting illegal voters. BJP leaders allege that opposition parties benefit from such irregularities, hence their resistance to verification.
The Supreme Court directed the ECI to include Aadhaar, voter ID, and ration cards as acceptable documents for verification but emphasized that the process must not disenfranchise legitimate voters. The next hearing is scheduled for 28 July 2025.
(With inputs from Live Law)
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