New Delhi, May 27: The Supreme Court upheld the Election Commission of India’s (ECI) decision to implement a Special Intensive Review (SIR) of the voter list. The court stated that this review falls within the constitutional and legal powers of the Election Commission and is essential for maintaining the integrity of the electoral process.
A bench led by Chief Justice D.Y. Chandrachud and Justice Joymalya Bagchi ruled that the SIR process does not violate the Representation of the People Act (RPA) of 1950 or its associated rules. The court emphasized that the Election Commission has the authority to conduct such a review under Article 324 of the Constitution and Section 21(3) of the RPA.
In addressing petitions challenging the validity of the SIR, the Supreme Court identified three key questions: Does the Election Commission have the authority to conduct such a process? Is the purpose of the SIR legitimate? Does it meet the proportionality test, and does the adopted process violate the legal framework related to the voter list?
On the first issue, the bench ruled in favor of the Election Commission, stating that the SIR process does not nullify the legal framework for revising the voter list. The court remarked, “When the law itself permits a specific review, it cannot be deemed illegal merely because it does not fully align with the standard procedure.”
The Supreme Court affirmed that the Election Commission has not exceeded its powers and that the process is within the scope of Article 324 of the Constitution and Section 21(3) of the RPA.
The court also noted that the SIR is directly linked to the constitutional objective of ensuring free and fair elections. The bench stated, “Free and fair elections are not limited to the voting process; they also depend on the accuracy, reliability, and integrity of the voter list, which is the foundation of the democratic process.”
Referencing the reasons provided by the Election Commission, the court highlighted that there has been no comprehensive review in the last four decades. Urbanization, migration, and large-scale additions and deletions have increased the likelihood of duplication and errors in the voter list. The court emphasized that this process is not merely for administrative convenience but is also a constitutional necessity for promoting free and fair elections.
Regarding the issue of proportionality, the Supreme Court stated that the process meets constitutional standards and includes adequate safeguards. The court noted that the measures taken are relevant to the objectives and include provisions to prevent arbitrary deletions of names.
The court also confirmed that rights such as notice and hearing have been ensured during the process, and these rights are fundamentally protected under the voter list regulations.
Rejecting arguments challenging the documentary framework, the court asserted that a structured system for verification is essential, and the documents prescribed by the Election Commission are neither arbitrary nor illegal.
The Supreme Court acknowledged that while the Election Commission can conduct limited checks related to citizenship when preparing or amending the voter list, it will not make final determinations regarding citizenship.
The court stated that if an individual’s name is removed on the grounds of citizenship doubts, such cases should be referred to the competent authority within four weeks, which will make decisions under the Citizenship Act of 1955. If the authority determines that the individual is a citizen, their name will be reinstated on the voter list.
This ruling comes in response to petitions claiming that the SIR process violates Article 326 and the Representation of the People Act, 1950. Petitioners argued that it could affect the rights of eligible voters, while the Election Commission defended it as a step towards maintaining the purity and fairness of the voter list.
The bench, led by Chief Justice Chandrachud, had reserved its judgment after extensive hearings on January 29.
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