SIR constitutional, cannot be termed illegal because it goes beyond ordinary voter revision process: SC upholds ECI’s voter rehaul

NEW DELHI: The Supreme Court on Wednesday upheld the Election Commission of India’s (ECI) Special Intensive Revision (SIR) of electoral rolls, which was first undertaken in Bihar, holding that the exercise is constitutional, legally tenable and cannot be struck down merely because it differs from the ordinary process of voter-roll revision.

A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi held that the SIR exercise cannot be declared ‘ultra vires’ solely on the ground that it adopts a process distinct from the routine revision of electoral rolls contemplated under the statutory framework. Terming the exercise a “legitimate and constitutional” one, the court observed that “the exercise is legally tenable” and is aimed at restoring the accuracy and purity of electoral rolls.

The court further clarified that the ECI’s powers in the process remain limited to determining eligibility for inclusion in electoral rolls and do not extend to ascertaining citizenship status. It held that deletion of a person’s name from the voter list does not divest that individual of citizenship, since citizenship can only be determined by the competent authority under law.

Addressing one of the central challenges raised by the petitioners, the court examined whether the poll body possesses the authority to ascertain citizenship status of persons residing in India for the purpose of inclusion or exclusion from electoral rolls. In this regard, the court held that the SIR exercise does not confer any exclusive or unfettered power upon the ECI to decide citizenship questions.

The bench also held that the SIR exercise is not contrary to the provisions of the Representation of the People Act and observed that the exercise draws its legitimacy from Article 324 of the Constitution as well as the statutory framework governing electoral rolls.

On the ECI’s prescription of eleven documents as proof of identity and eligibility, the court held that the documents are merely indicative in nature and not exhaustive. It reiterated that Aadhaar can also be accepted as an additional indicative document for the purposes of verification.

The court emphasised that the entirety of the SIR process remains amenable to judicial review and that any wrongful exclusion or arbitrary action can be challenged before appropriate forums. The court also underlined the need to maintain a calibrated balance between ensuring the purity and accuracy of electoral rolls on the one hand, and protecting the democratic entitlement of eligible voters to remain included in the electoral process on the other.

The verdict came in petitions challenging the ECI’s order directing Special Intensive Revision of voter rolls in Bihar assembly constituencies. The petitioners had argued that the poll body had illegally assumed powers to determine citizenship of individuals for inclusion or exclusion from electoral rolls.

Another major challenge raised by the petitioners related to the timing and scale of the exercise. They argued that scrutinising the voting rights of crores of people in a time-bound manner ahead of elections was arbitrary and could have been undertaken after the Bihar elections through a more comprehensive process. On these and other grounds, the petitioners contended that the SIR exercise was unconstitutional.

The bench had reserved its verdict in January after hearing extensive submissions from the petitioners and the ECI over several weeks. Earlier during the hearings, the court had issued directions to ensure transparency in the exercise, including directing the ECI to publish names of included persons at places where it would be viable and convenient for voters to verify their status.

At the same time, while permitting Aadhaar to be considered as an additional indicative document, the Court had declined to stay the SIR exercise, allowing the ECI to continue the process during the pendency of proceedings. Meanwhile, the ECI also carried out similar revision exercises in poll-bound states including West Bengal, Tamil Nadu and Keralam. (ANI)