On Tuesday, the Supreme Court examined whether the Election Commission of India is constitutionally empowered to carry out document-based verification during the Special Intensive Revision (SIR) of electoral rolls being conducted across multiple states. A Bench of CJI Surya Kant and Justice Joymalya Bagchi was hearing a set of petitions questioning if the Commission may undertake inquisitorial scrutiny when doubts arise over the eligibility of registered voters.
During the hearing, Justice Bagchi posed the central question, whether the ECI exceeds its authority by probing beyond routine verification, or whether such scrutiny is inherent in its mandate under Article 324 of the Constitution. The petitions argue that the Commission cannot determine citizenship and may only verify age and residence of voters, two statutory criteria under the Representation of the People Act, 1950.
Senior Advocate Shadan Farasat, appearing for the petitioners, submitted that disqualification under Section 16(1) of the Act is permitted only where an individual is not an Indian citizen, is declared of unsound mind by a competent court, or is otherwise disqualified by law for electoral offences. Citizenship, he stressed, can only be adjudicated by tribunals or competent authorities, not decided administratively through SIR.
The Bench then tested the boundaries with a hypothetical situation involving long-term undocumented immigrants, noting that citizenship is an independent constitutional requirement and cannot be inferred merely from residence and age. The Court sought clarity on whether SIR verifications intrude into citizenship determination or simply examine correctness of existing electoral entries.
Opposing counsel, including Senior Advocate P.C. Sen, argued that Article 324 cannot override statutory procedure under Section 21(3) and Rule 25(2) of the Registration of Electors Rules. Advocates Shahrukh Alam and Nizam Pasha likened SIR to an NRC-style scrutiny, adding that “illegal immigrant” is a legal status and cannot be presumed through administrative presumptions. Advocate Fauzia Shakil raised concerns over opacity and pace of the exercise, recalling mass deletions during the Bihar SIR where over 65 lakh voters were removed.
The matter will be heard again on Thursday.
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