Legal Storm Brews Over ECI’s Electoral Roll Revision in Bihar; Starts Debates Over Voter Rights

New Delhi (India) July 10: The Election Commission of India (ECI) faced harsh criticism from the Supreme Court. They received it for tying the November elections to the Special Intensive Revision (SIR) of Bihar's electoral rolls. Nonetheless, the Supreme Court ruled that the Election Commission's action was reasonable and sensible.

SUPREME COURT'S STATEMENT

A bench consisting of Justices Sudhanshu Dhulia and Joymalya Bagchi said it was considering a number of petitions contesting the ECI's ruling.

The bench said, "Your (ECI) exercise is not the problem, it is the timing... Why connect SIR in Bihar to assembly elections in November? Why can't it be irrespective of elections?”

Justice Dhulia added, "The courts will not touch the electoral roll once they are finalised which means a disenfranchised person will lack the option to challenge it (the revised list) before the election." 

However, the Supreme Court ruled that there was nothing wrong with a thorough purge of the electoral rolls to ensure that non-citizens were removed from the rolls.

The Court said, “What they are doing is a mandate under the Constitution. There is a practicality involved. They fixed the date because it was the first time after computerisation. So there is logic.”

The EC ordered a revision of Bihar's electoral rolls last month. They said citing the possibility of duplicate entries as a result of extensive additions and deletions over the previous 20 years. 

CRITICISM BY OPPOSITION PARTIES

The opposition, particularly the Congress and the RJD, strongly criticised the action.

The petitioners' attorney, Sankarnarayanan has described the exercise as wholly discriminatory and arbitrary.

He said, "They are saying that before 2003 the presumption of citizenship is in your favour. However, after 2003, even if you have voted in five elections, it doesn't matter whether the presumption of citizenship is not in your favour."

The Election Commission's decision to remove Aadhaar from the list of approved documents was questioned by the highest court.

In response, the poll body's attorney stated that Aadhaar cannot be used as citizenship documentation. According to the court, it was the Home Ministry's, not the Election Commission's, right and a separate matter.

The EC counsel asked that the exercise not be stopped. They stated that the court could review the updated voter list before it is finalised.

Aadrika Tayal