NEW DELHI: The Supreme Court on Thursday asked the Election Commission to consider Aadhaar Card, Voter Identity Card and Ration Card of people for special intensive revision (SIR) of electoral rolls in Bihar. However, it questioned the timing of the exercise in the poll-bound state.
While hearing petitions against EC's exercise, a partial working day (PWD) bench of justices Sudhanshu Dhulia and Joymalya Bagchi asked the poll body to respond on whether it has the power to revise electoral rolls, procedure adopted in the exercise and its timing.
Also read: Why are you getting into citizenship issue? SC asks EC; calls it MHA's domain
The apex court, however, asked the petitioners to refrain from calling the exercise "artificial" or "imaginary."
Supreme Court posted the next hearing on July 28 and asked the poll body to file its affidavit within one week.
Here are the 10 things that SC said
How the Election commission responded
Several petitions have been filed before the top court claiming that if the EC's order directing SIR can “arbitrarily” and “without due process” disenfranchise lakhs of voters from electing their representatives, and disrupt free and fair elections and democracy -- a part of basic structure of the Constitution.
However, the claimed the exercise a part of its crackdown on illegal immigrants from countries like Nepal, Bangladesh, and Myanmar.
The poll panel reminded the constitutional provision that says only Indian citizens can vote. "The Constitution of India is supreme. All citizens, political parties, and the Election Commission of India follow the Constitution," EC said in a statement.
The poll panel already has nearly 78,000 booth-level officers (BLOs) and is appointing over 20,000 more for new polling stations, it said.
More than one lakh volunteers will be assisting genuine electors, particularly the old, sick, persons with disabilities, poor, and other vulnerable groups during the special intensive revision.
Out of the existing 7,89,69,844 electors, 4.96 crore electors, whose names are already in the last intensive revision of the Electoral Roll on January 1, 2003, have to "simply verify so, fill the Enumeration Form and submit it."
The enumeration form should be filled between 25 June and 26 July, after which the draft voter list will be published on 1 August 2025; the period for filing claims and objections will be from 1 August to 1 September, and the final voter list will be published on 30 September.
While hearing petitions against EC's exercise, a partial working day (PWD) bench of justices Sudhanshu Dhulia and Joymalya Bagchi asked the poll body to respond on whether it has the power to revise electoral rolls, procedure adopted in the exercise and its timing.
Also read: Why are you getting into citizenship issue? SC asks EC; calls it MHA's domain
The apex court, however, asked the petitioners to refrain from calling the exercise "artificial" or "imaginary."
Supreme Court posted the next hearing on July 28 and asked the poll body to file its affidavit within one week.
Here are the 10 things that SC said
- SC asked EC to consider Aadhaar Card, Voter Identity Card and Ration Card of people for SIR of Electoral Rolls in Bihar
- The SC said that the special intensive revision is an important issue which goes to the "root of democracy and power to vote."
- It asked the Election Commission to respond on three issues - whether it has power to revise electoral rolls, procedure adopted and timing of the exercise.
- The apex court raised concerns over the exclusion of Aadhaar in the 11 listed documents required to prove citizenship in the state.
- The bench questioned questioned EC focus on citizenship, noting that such matters fall under the jurisdiction of the home ministry. "Why are you getting into the citizenship issue in the special revision of electoral rolls in Bihar? It is the domain of the MHA," the bench asked the poll body.
- "If you are to check citizenship under the SIR of electoral rolls in Bihar, then you should have acted early; it is a bit late," it added.
- The court observed that there is nothing wrong with the SIR exercise itself but emphasized that it should have been conducted independently of the ensuing election in state schedule at the end of the year.
- "Why are you connecting SIR in Bihar to the assembly elections in November? Why can't it be irrespective of elections?" the top court asked the poll panel.
- What EC is doing is mandated under Constitution and last such exercise was undertaken in 200
- The top court however asked the petitioners to refrain from terming SC's exercise "artificial" or "imaginary". It said that "there is logic behind electoral roll revision."
- SC said that it is not in favour of staying the exercise of electoral rolls in Bihar but agrees to list the case before Aug 1 when draft roll is to be published.
How the Election commission responded
- EC told the top court that no person would be removed from electoral roll in Bihar without giving him/her a notice and a hearing.
- The poll panel said that wrong perception is being created that EC is working with a premeditated mindset.
- With passage of time, electoral rolls need to be revised to look into inclusion or exclusion of voter names," EC said.
- The poll panel also told the top court that it has some preliminary objections to pleas challenging special intensive revision of electoral rolls in poll-bound Bihar.
- On SC's remarks on citizenship, EC said that citizenship is required to be checked for being a voter in India under Article 326 of Constitution.
Several petitions have been filed before the top court claiming that if the EC's order directing SIR can “arbitrarily” and “without due process” disenfranchise lakhs of voters from electing their representatives, and disrupt free and fair elections and democracy -- a part of basic structure of the Constitution.
However, the claimed the exercise a part of its crackdown on illegal immigrants from countries like Nepal, Bangladesh, and Myanmar.
The poll panel reminded the constitutional provision that says only Indian citizens can vote. "The Constitution of India is supreme. All citizens, political parties, and the Election Commission of India follow the Constitution," EC said in a statement.
The poll panel already has nearly 78,000 booth-level officers (BLOs) and is appointing over 20,000 more for new polling stations, it said.
More than one lakh volunteers will be assisting genuine electors, particularly the old, sick, persons with disabilities, poor, and other vulnerable groups during the special intensive revision.
Out of the existing 7,89,69,844 electors, 4.96 crore electors, whose names are already in the last intensive revision of the Electoral Roll on January 1, 2003, have to "simply verify so, fill the Enumeration Form and submit it."
The enumeration form should be filled between 25 June and 26 July, after which the draft voter list will be published on 1 August 2025; the period for filing claims and objections will be from 1 August to 1 September, and the final voter list will be published on 30 September.
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