The Supreme Court (SC) has affirmed the Election Commission's (EC) authority to conduct the pan-India Special Intensive Revision (SIR) of electoral rolls, assuring that it would address any flaws in the process if brought to its notice. A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi dismissed arguments questioning the justification of the SIR.
During the hearing, concerns were raised about the potential for exclusion due to the requirement for voters to fill enumeration forms, especially impacting illiterate individuals. Senior advocate Kapil Sibal, representing RJD MP Manoj Jha, argued that these forms have become a tool for exclusion, questioning the necessity of such a requirement and the EC's role in determining citizenship. Sibal suggested that an Aadhaar card, along with a self-declaration of Indian citizenship, should suffice for voter enrollment for individuals above 18 years.
Chief Justice Kant countered by highlighting the enthusiastic participation in elections in rural areas, where voting is considered a festival and residents are well-informed about their communities. Justice Bagchi referenced instances in 2012 and 2014 where the number of voters exceeded the adult population, underscoring the need for revisions to maintain accurate electoral rolls.
The court also addressed the argument that SIR hadn't been conducted previously, clarifying that this isn't grounds to challenge the EC's authority. The bench asserted the EC's inherent power to verify the correctness of information provided in Form 6, which is required for voter registration. They clarified that while an Aadhaar card can be used as a document, it is not absolute proof of citizenship.
The Supreme Court addressed concerns regarding the timeline and potential for an "exclusionary" process. Sibal argued that conducting the SIR within two months was unrealistic and that any exclusion from the electoral roll must follow a reasonable process. Justice Bagchi noted the EC's power to conduct surveys under Section 23 of the Representation of the People Act if there are doubts about the voter list's credibility.
The Court has scheduled further hearings for pleas challenging the SIR in Tamil Nadu, Kerala, and West Bengal. The EC has been directed to file responses to these pleas by specific dates in early December, with subsequent hearing dates set accordingly. The court asked State High Courts to keep in abeyance any proceedings on petitions challenging the exercise in Tamil Nadu and West Bengal.
