Supreme Court of India
NEW DELHI: The Supreme Court on Wednesday noted that additions and deletions are part of the Special Intensive Revision (SIR) conducted by the Election Commission of India (ECI), as it resumed the final hearing on a batch of 19 petitions challenging the exercise carried out in Bihar last year.“Additions and deletions are part of the electoral roll revision exercise,” PTI quoted Chief Justice of India Surya Kant (CJI) as saying. The CJI made the remark while responding to senior advocate Kapil Sibal, who appeared for a petitioner, and alleged “mass deletions” from the final voter list.Sibal countered by arguing that annual revisions already exist and that a wholesale special revision required “strong justification,” which he stressed should be supported by data. He also argued that although the poll body has plenary powers under Article 324 to conduct elections, the determination of citizenship lies exclusively with the Union government under the Citizenship Act.“This is not an ordinary administrative decision. This judgment will decide the future course of democracy in India,” he claimed.Meanwhile, the bench of CJI Surya Kant and Justice Joymalya Bagchi also observed that the mere possibility of forgery cannot be a ground to reject Aadhaar as one of the 12 documents used to verify a voter’s identity for electoral roll revision. “If a document is recognised by statute, it cannot be discarded merely because a private entity is involved in its issuance,” Justice Bagchi said, referring to the UIDAI, the body that issues Aadhaar cards.He added that even passports are processed through private agencies performing public duties.The top court had commenced final arguments in the matter on August 12 last year, noting that the inclusion or exclusion of names in electoral rolls falls within the constitutional remit of the ECI.The ECI has consistently defended the Special Intensive Revision (SIR) exercise, stating that Aadhaar and voter identity cards cannot be treated as conclusive proof of citizenship. It maintains that ensuring only citizens are included in the electoral rolls is its constitutional duty, and that Aadhaar can at best be used to prevent duplication, not to establish citizenship.The commission has also denied allegations of political motive, emphasizing that deletions occurred across party lines.The hearing is expected to conclude on Thursday.
