In a significant move, the Supreme Court of India has scheduled a hearing for Thursday to address a series of petitions challenging the Election Commission of India’s (ECI) decision to revise the electoral rolls in Bihar. This hearing is particularly noteworthy as it precedes the upcoming assembly elections in the state and follows landmark judgments concerning the appointment of Election Commissioners and judicial reviews on delimitation.

The ECI’s authority, as outlined in the Representation of People Act, 1950, and the Registration of Electors Rules, 1960, enables it to conduct revisions which are either intensive, summary, or a combination of both, as stipulated by Rule 20. This power, however, as decided in Mohinder Gill v. Election Commissioner, is not unlimited and is subject to judicial scrutiny, particularly when fundamental rights or principles of natural justice are at stake.

The controversy began when the ECI initiated a Special Intensive Revision (SIR) of the electoral rolls in Bihar, citing rapid urbanization, migration, the registration of new voters, unreported deaths, and the inclusion of names of foreign nationals as driving factors. This move has been met with criticism, especially from vulnerable and marginalized communities, who argue that the stringent documentation requirements and the compressed timeline of the revision process could lead to widespread disenfranchisement.

Critics point out that in a state like Bihar, which struggles with high rates of poverty and limited access to formal identification, such stringent requirements disproportionately affect the poor, migrants, Adivasis, Muslims, women, and informal workers. Although the ECI has relaxed some requirements — allowing voters to submit certain documents at a later date and excluding Aadhaar from the initial list of necessary documents — concerns remain about the adequacy of these adjustments.

Moreover, the timing of the SIR, launched just five months before the elections, has been questioned for its feasibility and potential for errors, which could undermine the integrity of the electoral process. This hurried schedule contrasts with a Special Summary Revision conducted in 2024, which did not indicate the necessity for a sudden and extensive reevaluation.

As the Supreme Court prepares to delve into this case, its decision will likely have far-reaching implications for electoral governance and the safeguarding of democratic processes in India. The judiciary’s consistent role in upholding election integrity will once again be put to the test as it balances the need for thorough electoral roll verification with the protection of fundamental rights. The outcome could redefine the parameters of electoral democracy in India, making this one of the most consequential cases in recent times.