New Delhi, May 27: The Supreme Court has delivered its verdict on petitions challenging the Special Intensive Review (SIR) of the voter list in Bihar. The bench, led by Chief Justice Surya Kant and Justice Joymalya Bagchi, addressed the legality of the SIR conducted by the Election Commission.
The petitions questioned whether the Election Commission has the authority to carry out the SIR under Article 326 of the Constitution, the Representation of the People Act, 1950, and associated rules.
During the hearings, Chief Justice Surya Kant noted that the court considered several critical questions. These included whether the Election Commission possesses constitutional rights to conduct the SIR and whether the SIR aims to determine citizenship.
The Chief Justice stated that if the Election Commission is authorized to conduct the SIR, the procedural aspects must also be examined. However, he emphasized that procedural concerns alone cannot render the entire SIR unconstitutional. He asserted that free and fair elections are essential for democracy.
The bench also addressed whether there is a legitimate need for conducting the SIR at this time. The court concluded that the measures taken during the SIR were appropriate.
The Chief Justice remarked that the SIR does not distract from the constitutional obligation of conducting free and fair elections in Bihar. He dismissed arguments that placed the burden of proof on voters.
He explained that if an individual has moved from their old residence, they are not automatically excluded from the previous SIR process. Their name would still appear in the old records.
The court stated that the Election Commission included documents in the list based on their reliability, which cannot be deemed arbitrary.
The Chief Justice clarified that it cannot be assumed that the SIR’s purpose is to exclude people from the voter list. If a document is found to be invalid, the Election Commission may deny inclusion in the voter list, but this does not mean the Commission is determining citizenship.
The bench concluded that the SIR meets the standards set by the Constitution and the Representation of the People Act.
The Chief Justice also noted that given the extensive nature of the task, the Election Commission has the authority to establish rules and procedures. While the Commission does not determine citizenship, it can refer cases of doubtful individuals to the central government. He instructed that information regarding individuals whose citizenship is in question should be provided to the competent authority within four weeks, which must make a decision before the next elections.
This case saw petitions filed by various organizations, including the Association for Democratic Reforms and PUCL, along with opposition leaders such as Manoj Jha, Mahua Moitra, K.C. Venugopal, Pappu Yadav, and RJD MP Sudhakar Singh.
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