The Supreme Court on Wednesday heard final arguments in a set of petitions challenging the Election Commission’s plan to carry out a Special Intensive Revision (SIR) of electoral rolls in several states. During the hearing, the court made it clear that Aadhaar cannot be considered unquestionable proof of citizenship for voter registration purposes.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi emphasised that the Election Commission (EC) has the power to check the accuracy of voter entries submitted through Form 6, the application used to register as a voter. The judges noted that Aadhaar was created as a statutory tool for accessing government benefits and cannot automatically qualify someone to vote.
Chief Justice Surya Kant asked, “Just because a person was granted Aadhaar for ration benefits, should they automatically be made a voter? Suppose someone belongs to a neighbouring country and works here as a labourer, should they be allowed to vote?” The bench also pointed out that the EC cannot treat itself as a “post office” that must accept every Form 6 submission without verification.
Senior advocate Kapil Sibal, representing some petitioners, argued that the SIR process imposes an undue burden on ordinary voters. He said many people may face difficulties completing paperwork and could risk being removed from the voter list. Sibal emphasised that such deletion exercises strike at the core of democracy, as they may prevent legitimate voters from exercising their rights.
The Supreme Court, however, pointed out that the fact that a revision like SIR has not been conducted before does not limit the EC’s authority to carry it out. The court also stressed that no voter should be deleted from the list without proper notice.
The court set timelines for separate challenges to the SIR in Tamil Nadu, Kerala, and West Bengal. The EC must respond to Tamil Nadu petitions by December 1, with rejoinders due within two days before the December 4 hearing. Kerala cases will be heard on December 2, with the EC’s reply due on December 1.
In West Bengal, where a few booth-level officers have allegedly died by suicide, the cases will be heard on December 9. The EC is expected to submit its response over the weekend, while the state government and State Election Commission may file theirs by December 1. The hearing underlines the court’s focus on balancing the EC’s authority with the protection of citizens’ voting rights while ensuring that the SIR process is conducted fairly and transparently.
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