SC says it will strike down Special Intensive Revision in Bihar if it finds any illegality

The Supreme Court of India said that it would scrap the Special Intensive Revision (SIR) in poll-bound Bihar, if any illegality is found in the methods adopted in the electoral roll revision exercise.

A bench of Justices Surya Kant and Joymalya Bagchi was hearing a clutch of petitions challenging the Election Commission of India’s (ECI) decision to conduct the SIR. 

The court observed that it is presuming that since ECI is a constitutional authority, all the rules and law were followed during the poll revision.  

The exercise has come under scrutiny after the Opposition consistently criticised it. On August 18, the ECI had declared that as many as 65 lakh names were removed from the voter list as part of the SIR.

In its previous order, the Justice Kant-led Bench had clarified the limited scope of Aadhaar, holding that while it could be used as proof of identity for inclusion in the revised voters’ list, it could not serve as proof of citizenship.

“There is no quarrel that as per the statutory status assigned to Aadhaar Card under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, it is not a proof of citizenship and therefore shall not be accepted as proof of citizenship,” the apex court said.

However, the Justice Kant-led Bench noted that under Section 23(4) of the Representation of the People Act, 1950, Aadhaar could still serve as a valid document for identification. “Accordingly, we direct the Election Commission of India and its authorities to accept the Aadhaar Card as a proof of identity for the purpose of inclusion or exclusion in the revised voter list of the State of Bihar,” stated the order passed on September 8.

“Aadhaar Card, for this purpose, shall be treated as the 12th document by the authorities,” it added, clarifying that the ECI could verify its authenticity in the same manner as other supporting documents.

The top court had directed the ECI to issue necessary instructions on the use of Aadhaar for voter identification by September 9.

In a recent affidavit, the poll body told the apex court that the decision to conduct either a summary or an intensive revision of electoral rolls rests solely with the Election Commission, to the exclusion of any other authority.

Citing Rule 25 of the Registration of Electors Rules, the affidavit, sworn by Secretary Pawan Diwan, stated, “On a bare perusal of Rule 25, it is further apparent that the decision to conduct a summary or an intensive revision of the electoral roll is left to the discretion of the ECI. Pursuant to the above-quoted statutory mandate, the ECI has complete discretion over the policy of revision to the exclusion of any other authority.”

(with inputs from syndicated feed)