SIR Row: SC Backs EC’s Verification Powers

NEW DELHI: As the Supreme Court on Wednesday began the final hearing on petitions challenging the Election Commission’s decision to conduct a Special Intensive Revision (SIR) of electoral rolls in several States, a bench led by Chief Justice of India Surya Kant said the poll panel always has the inherent constitutional authority to verify the correctness of documents submitted during the exercise.

The court said the argument that an SIR has never been conducted before cannot be a basis to question the validity of the Commission’s decision to carry out the revision in multiple States.

A bench of CJI Kant and Justice Joymalya Bagchi was hearing a clutch of petitions against the SIR exercise.

The Court noted that the Election Commission has the “inherent power to determine the correctness of entries in Form 6,” which individuals must submit to register as voters.

It reiterated that the Aadhaar card does not constitute “absolute proof of citizenship,” and therefore it can only be one of several permissible documents. “Aadhaar is a creation of statute for availing benefits. Just because a person has Aadhaar for ration, should he be made a voter also? Suppose someone from a neighbouring country works here as a labourer,” the CJI remarked.

Disagreeing with an argument advanced by petitioners, the bench said, “You are saying the Election Commission is a post office that must accept Form 6 and include your name.”

“Prima facie, yes… unless there is contrary material,” Senior Advocate Kapil Sibal, appearing for some petitioners, responded.

During the hearing on Kerala’s plea for deferment of the process, the Election Commission submitted that political parties were creating “a scare” about SIR.

The court set a schedule for hearing multiple petitions specifically challenging SIR in Tamil Nadu, Kerala and West Bengal.

For Tamil Nadu, the Election Commission has been asked to file its response by December 1, with petitioners given two days thereafter to file rejoinders; the matter will be heard on December 4.

In Kerala, the Commission must file its reply by December 1, and the petitions will be heard on December 2.

The pleas against SIR in West Bengal will be heard on December 9, with the Election Commission asked to file its reply over the weekend. The West Bengal State Election Commission and the state government may also file their responses by December 1.

Responding to Sibal’s argument that a self-declaration in Form 6, accepted at the time of inclusion, cannot subsequently be subjected to a higher standard for retention, Justice Bagchi said Form 6 cannot bind the Election Commission to accept entries without verification.

Sibal also argued that the SIR could not be meaningfully completed within the prescribed timelines. “See the reality of my country… Do you think people in remote areas of West Bengal or Bihar know how to fill enumeration forms?” he asked.

Justice Bagchi stressed the need to weed out deceased voters, pointing out that voter lists were displayed publicly in panchayats and on official websites. “We do not judge in a vacuum,” he said.

The hearing will continue on Thursday.