New Delhi: From the timing of the special intensive revision (SIR) of electoral rolls in poll-bound Bihar to the exclusion of Aadhaar card from list of documents, the Supreme Court raised some pointed questions for the Election Commission of India to answer on Thursday. However, the top court asked petitioners to refrain from terming the SIR as “artificial” or “imaginary.” The top court observed that the exercise is constitutionally mandated and refused to pause the exercise in Bihar.
Here are the questions that SC asked:
- “Why connecting SIR in Bihar to assembly elections in November? Why can’t it be irrespective of elections?”
- “Why is Aadhaar excluded from the Bihar Special Intensive Revision of electoral rolls?” the Supreme Court bench questioned. Responding to this question, the EC said “Aadhaar card not a proof of citizenship”.
- “Why are you getting into citizenship issue in special revision of electoral rolls in Bihar? It is domain of MHA”.
- “If you are to check citizenship under SIR of electoral rolls in Bihar, then you should have acted early; it is a bit late.”
“But exercise not unconstitutional…”
A partial working day bench comprising Justices Sudhanshu Dhulia and Joymalya Bagchi said the EC’s powers to update the electoral rolls were drawn from the Constitution, and revisions had been undertaken in the past as well. “Nothing artificial about this… It is mandated under the Constitution,” the bench remarked during the hearing.
The court was hearing a batch of petitions challenging the EC’s ongoing special summary revision of electoral rolls in Bihar, which petitioners claimed could potentially disenfranchise voters, especially those from marginalised communities.
Last month, the EC ordered a revision of the electoral rolls of Bihar, saying large-scale additions and deletions over the last 20 years had increased the possibility of duplicate entries. The move came under sharp criticism from the opposition, especially the Congress and the RJD.
Aadhaar, a bone of contention
The pleas also questioned the requirement for voters to provide documents such as birth certificates or citizenship papers to remain on the list. Aadhaar and voter identity cards are not being included in the list of 11 indicative documents that the applicants can produce during the exercise.
The SC questioned the poll body on its decision to exclude Aadhaar from the list of accepted documents.
To this, the counsel representing the ECI said Aadhaar cannot be used as proof of citizenship. The court said it was a different issue and the prerogative of the Home Ministry, not the poll body.
“Why are you getting into the citizenship issue? That’s the domain of the Ministry of Home Affairs,” the bench told the ECI.
The EC says that the current revision is in line with constitutional provisions and that a similar SIR was last conducted in 2003, according to reports. The petitioners, as quoted by Live Law, argued that “the guidelines provide certain classes of people who don’t have to come within the revision exercise. Most importantly this exercise has no basis in law.”
The petitions, filed by several political leaders, activists, and civil society organisations, had alleged that the EC’s special revision could lead to large-scale deletions from the voters’ list.
The matter is scheduled for further hearing after the responses from the Centre and EC are filed. Until then, the voter list revision process in Bihar will continue as planned.
