Bihar SIR: The Supreme Court, while hearing the petitions against the Election Commission’s special intensive revision (SIR) of electoral rolls in poll-bound Bihar, stated that the results of the process could be set aside if the illegality is proven as late as September. While hearing the petition, the top court, while citing the Aadhar act, emphasised that the Aadhar Card could not be considered as a document for the proof of citizenship. The court also asked the poll body to be prepared with all the facts and figures for verification and transparency. The Election Commission stated that the SIR is being conducted to strengthen the purity of electoral process.
Supreme Court’s top observations on Bihar SIR
– The top court stated that the EC is right to not consider Aadhar Card as the proof of citizenship according to the Aadhar act. “Are petitioners saying that Aadhaar card is proof of citizenship? They are not saying that it is not a measure… the Aadhaar Act says so,” Justice Surya Kant was quoted as saying by the Bar and Bench. “See, the Election Commission is correct in saying that Aadhaar can’t be accepted as conclusive proof of citizenship; it has to be verified. See section 9 of the Aadhaar Act,” he added.
– The court also pointed out that if the Election Commission has a legal right to conduct the SIR, there should be no reason to ask them to retreat. “If they don’t have the power, everything ends. But if they have the power, there can’t be a problem,” Justice Kant stated.
– The top court also pointed out that out of total 7.9 crore voters, 7.24 crore voters have already responded, adding that it demolishes the “one crore voters missing” theory of the petitioners. “If out of 7.9 crore voters, 7.24 crore voters responded, it demolishes the theory of one crore voters missing,” the court stated. “We want to understand whether your apprehension is imaginary or a real concern,” the bench further asked.
– While replying to senior lawyer Kapil Sibal, appearing for petitioners, top court also pointed out that the residents must have some document to prove their citizenship. “Everyone has a certificate, it is needed to buy a SIM…” the bench stated.