New Delhi, May 27: The Supreme Court is set to deliver a crucial verdict today regarding a series of petitions challenging the Election Commission of India’s (ECI) initiative for a ‘Special Intensive Review‘ (SIR) of voter lists.
Chief Justice (CJI) D.Y. Chandrachud and Justice Joymalya Bagchi will announce their decision after a lengthy hearing, during which the bench reserved its judgment earlier this year.
The petitions question the legality of the SIR process initiated by the Election Commission. Petitioners argue that this amendment process exceeds the powers granted to the Election Commission under Article 326 of the Constitution, the Representation of the People Act, 1950, and the rules established under it.
The controversy primarily revolves around a stipulation requiring voters excluded from the 2002 (or 2003 in some states) voter lists to now prove their citizenship. They must establish a lineage connection to someone whose name was on the voter list at that time.
Representatives for the petitioners argued before the Supreme Court that this requirement could disenfranchise genuine voters, particularly marginalized and migrant communities who may lack documentary evidence linking them to the old voter lists.
During the hearings, the Supreme Court issued several interim directives aimed at enhancing transparency and alleviating difficulties faced by voters affected by the SIR process across various states and union territories.
Initially, the Election Commission identified 11 documents for verification. However, the Supreme Court later instructed that ‘Aadhaar’ be included as an additional document for the SIR process.
Most of these petitions were filed last June when the Election Commission decided to initiate the SIR process in Bihar. Subsequently, this process was expanded to several other states and union territories, including West Bengal, Kerala, and Tamil Nadu.
Defending the process before the Supreme Court, the Election Commission argued that the primary aim of the amendment is to ensure the accuracy of voter lists and prevent any duplication or inclusion of ineligible voters.
After hearing detailed arguments from both sides, the bench led by Chief Justice Chandrachud reserved its decision on January 29.
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