• Source:JND
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The Supreme Court on Thursday refused to put a stay on the Election Commissionโ€™s Special Intensive Revision (SIR) of the electoral roll (voter list) in Bihar, calling it a "constitutional mandate". The SIR has sparked massive controversy across the political circles in Bihar, which is scheduled to go to the polls in October-November. However, the top court questioned the timing of the exercise and asked the poll body to consider Aadhaar, Ration cards and Voter IDs for verification.

"We are of the prima facie view that Aadhaar cards, voter ID cards and the ration cards be allowed in the special intensive revision of electoral rolls," a bench of Justices Sudhanshu Dhulia and Joymalya Bagchi observed.

The top courtโ€™s observations came while hearing a bunch of pleas, filed by an NGO named ADR and at least 10 opposition parties and leaders. The petitioners challenged the revision of voter list in Bihar and sought direction for the quashing of the EC order.

The petitioners said that the exercise undermines the principles of free and fair elections and representative democracy, both integral features of the Constitution's basic structure by introducing arbitrary, unreasonable and disproportionate documentation requirements related to birth, residence and citizenship.

Why SIR Has Stoked A Row In Bihar And How EC Is Defending Its Move?

On June 24, the Election Commission ordered a door-to-door investigation of eight crore voters of Bihar. In this process, all voters have to sign a form containing their name, address and photo and submit it along with a new photo and proof of address.

The main reason for the controversy is that people whose names were not on the 2003 voter list, have to provide additional documents from the 11 documents listed by the ECI. It has been alleged that a huge number of people in Bihar do not have the documents sought by the EC.

The opposition INDIA bloc โ€“ RJD, Congress and Left parties โ€“ alleges that this revision is being done to benefit the ruling NDA. The opposition says that the Election Commission had earlier added "fake voters" to help the BJP alliance in Maharashtra and is now "wrongly removing" the names of those in Bihar who will not vote for the ruling party.

However, the Election Commission has denied these allegations. The poll body said that the purpose of this exercise is to ensure that all the right citizens can cast their vote.

The Election Commission put forth its stand and referred to Article 326 of the Constitution, saying that Article 326 provides the constitutional foundation for such revisions. The poll also termed the SIR as both legally sound and operationally necessary, noting that the last comprehensive revision in Bihar took place in 2003.

What Is Article 326?

Article 326 of the constitution states that if you are a citizen of India and aged 18 and above, then you have the right to vote. All those eligible can vote in the Lok Sabha and Assembly elections unless you are under any criminal conviction or you are mentally unwell. The Election Commission of India is responsible for implementing Article 326. Under this, EC can eliminate those who are ineligible for voting and add the eligible candidates in electoral rolls.

Article 326 of the Constitution reads, โ€œElections to the House of the People and to the Legislative Assemblies of states to be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than 18 years of age on such date as may be fixed in that behalf by or under any law made by the appropriate legislature and is not other otherwise disqualified under the Constitution or any other law. On grounds of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter in any such situationโ€.

Key Concerns About SIR?

The main concern of opposition parties is the timing of the process, questioning why it is happening only in Bihar and just before the elections. They allege that the real motive of the EC is to remove voters from the list who are unlikely to vote for the NDA.

In addition, more than 3 crore people who were not included in the 2003 voter list are being burdened with submitting additional documents.

Another concern is the verification of persons born after 1987, who are now also required to provide the birth details of their parents if their parents were not in the 2003 list.

The process also makes common identity cards like Aadhaar and MNREGA cards invalid.

Opposition leaders fear that the power of officials to decide on โ€œclaims and objectionsโ€ received by them could be misused, leading to people being denied the right to vote.