New Delhi: The Supreme Court on Tuesday sought clarification from the Election Commission of India (ECI) and the Union government on how the ongoing Special Intensive Revision (SIR) will affect citizens’ right to vote amid unresolved questions on citizenship and documentation.
Continuing its hearing on a batch of petitions challenging the ECI-conducted special intensive revision of electoral rolls, a five-member Bench headed by Chief Justice Surya Kant asked whether voters whose citizenship is under doubt or pending verification could be excluded from the rolls during SIR, effectively depriving them of the right to vote until authorities reach a final decision.
“Can the right to vote be taken away in the interregnum?” the court questioned, seeking specific safeguards to ensure that genuine voters are not arbitrarily struck off.
The petitions, filed by parties and civil society groups from several states, argue that SIR’s tight timelines and documentation demands may result in large‑scale deletions of names, especially among migrants, the poor and linguistic or religious minorities.
Senior advocates appearing for the petitioners reiterated that electoral roll revisions in the past were spread over longer periods, whereas the current SIR is being compressed into a few months across diverse geographies and seasons.
The ECI maintained that the SIR is a legally grounded, nationwide clean‑up of rolls aimed at including all eligible voters while removing duplicates, deceased persons and ineligible entries. The EC cited its powers under Article 324 of the Constitution and Section 21(3) of the Representation of the People Act, 1950, to order special revisions and emphasised that digital tools and house‑to‑house verification are being used to minimise errors.
ECI informed the court that additional roll observers have been deployed in SIR states to monitor field work and grievance redress, and that instructions have been issued against indiscriminate deletions. However, the petitioners pointed to complaints from states like Bihar and West Bengal about alleged large‑scale omissions and the practical impossibility of completing such an exercise without disenfranchising vulnerable groups.
The Bench has sought detailed affidavits from the Centre and the Election Commission on safeguards, appeal mechanisms and data on additions versus deletions under SIR so far, before taking a final view. The matter has been posted for further hearing after the Commission files its comprehensive response. The apex court has also informally urged high courts to go slow on parallel challenges to avoid conflicting orders.
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