Supreme Court Upholds Election Commission's Authority Over Voter List Inclusion
On Tuesday, the Supreme Court emphasized that the inclusion or exclusion of names in the voter list falls under the jurisdiction of the Election Commission. The court clarified that while Aadhaar may be used for identification, it cannot serve as definitive proof of citizenship, and additional documents are required.
Concerns Over SIR Process Dismissed
The petitioners, who had previously raised doubts about the legality of the Standardisation of Electoral Roll (SIR) process in Bihar, faced tough questions from the bench. The Court noted that out of 7.9 crore voters in Bihar, 7.24 crore had submitted SIR forms, and about 6.5 crore people did not need to submit any further documents since they or their parents were already part of the 2003 voter list.
The Court remarked that much of the controversy around the SIR process appeared to stem from a "lack of trust." The concerns were raised mainly by NGO ADR and some opposition leaders, not political parties themselves, as noted by the Election Commission’s lawyer Rakesh Dwivedi.
Citizenship Verification Debate
Senior advocate Abhishek Manu Singhvi, representing the petitioners, argued that the process questioned the citizenship of around five crore people until they proved their identity. The court acknowledged that any wrongful removal of voters would be subject to judicial scrutiny.
Kapil Sibal also contended that the documents required for inclusion in the voter list were not easily available to common people in Bihar. Justice Suryakant responded that Bihar is an integral part of India, and it's implausible that citizens have no documents at all. He said that among the 11 accepted documents—job IDs, pension cards, family registers, or residence certificates—people must possess at least one.
Other Interventions
Advocates Prashant Bhushan and Yogendra Yadav also presented arguments. Yadav pointed out that this is the first time a process has been used to remove names from the voter list without adding any new ones. He even presented a man and a woman allegedly declared dead in the voter list.
The Election Commission’s lawyer criticized this move, calling it dramatization, and stated that the correct process would have been to upload their details for inclusion.