The Supreme Court on Wednesday held hearing on the Electoral Roll Special Intensive Revision (SIR). A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing petitions filed by the Association for Democratic Reforms along with several political leaders and civil society groups who questioned whether the SIR process was legal. The judges clarified that they were not dealing with issues specific to any one state, but were focusing on the larger legal questions. The petitions concerning Kerala SIR, Tamil Nadu SIR, and West Bengal SIR were moved to later dates so the Election Commission of India could respond.
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Key observations made by SC on SIR
‘We can direct them to extend deadline,’ says SC
The Supreme Court said on Wednesday that it has the power to ask the Election Commission of India (ECI) to extend the deadline for publishing the draft electoral rolls, if those opposing the ongoing Special Intensive Revision (SIR) in some states can show valid reasons.
The Chief Justice noted that if petitioners present strong grounds, the Court can simply direct the ECI to push the date forward. He added that the deadline cannot stop the Court from acting if necessary.
“If you make out a case, then we can direct them to extend the date. Can that date be a ground for the court to say that we don’t have any power now? The court can always say,” Chief Justice of India Surya Kant said.
The Court instructed the ECI to file its reply to the petitions. It scheduled the Tamil Nadu hearing for December 4 and set the West Bengal hearing for December 9.
Bench notes lack of complaints from Bihar voters
The judges pointed out that even though there had been strong fears earlier about large-scale voter removals in Bihar, not a single person had stepped forward to say their name was wrongly deleted. This, they suggested, showed that voters removed for reasons like death, migration, or duplicate entries were likely removed correctly.
During the hearing, the Chief Justice referred to the Court’s earlier intervention, when there were concerns that thousands of names in Bihar would be deleted. At that time, the Court had even ordered paralegal volunteers to help voters file appeals against wrongful deletions. However, not one voter submitted an appeal.
The Chief Justice said it was unusual that despite so many warnings about mass deletions, no one came forward to claim they had been wrongly removed. Justice Bagchi added that while some deletions did happen, there seemed to be no major impact on the ground and no individual voter had challenged it.
Can non-citizens with Aadhaar become voters? SC flags serious issue
The bench noted that some outsiders may have managed to get Aadhaar cards because they have lived in India for many years. But the judges questioned whether they should be allowed to vote if they are not Indian citizens.
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They pointed out that Aadhaar is mainly meant for accessing welfare benefits. For example, someone from a neighbouring country who works as a labourer may receive an Aadhaarcard to get ration or other basic support, which fits with India’s constitutional values. But the court asked whether giving such a person Aadhaar should automatically make them a voter as well.
“Someone working as a labourer at construction site, etc and you give an aadhaar for availing ration, etc it is a part of our constitutional ethos… but just because he was given that, should he also be made a voter now?” CJI Kant asked.
As the hearing was about to end, Advocate Vrinda Grover said she would later explain the question of jurisdiction under Section 21 of the Representation of the People Act and whether the Special Summary Revision (SIR) could be carried out in the way it is being done now. |
