Expanded list of docs to prove citizenship voter-friendly: SC
Supreme Court
on Wednesday orally remarked that the Election Commission's decision to expand the list of acceptable documents for establishing a voter's identity in the
Bihar Special Intensive Revision
(SIR) was "actually voter-friendly."
A division bench comprising Justices Surya Kant and Joymalya Bagchi orally remarked that the expansion of documents leads to "expansion of choice" giving the voters "more options".
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Speaking for the bench, Justice Bagchi told one of the counsels for the petitioners that "we can understand your argument on exclusion of Aadhaar card but increasing the number of (acceptable) documents gives the voters more options". The Bench said this in light of contention raised by the petitioners that in the past the list of documents under a revision of rolls was not more than seven as compared to eleven in Bihar's SIR.
Weighing in, Justice Kant orally remarked "things would have been different if you (voter) had to submit all the eleven documents. Then it would have been against the voters. But (in the instant case) ECI has given eleven options".
The Bench also questioned the contention raised by another counsel for the petitioners that ECI did not have the power to conduct the special intensive revision (SIR).
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The Bench referred to Section 21(3) of the Representation of the Peoples Act, 1950, which says "the Election Commission may at any time, for reasons to be recorded, direct a special revision of the electoral roll for any constituency or part of a constituency in such manner as it may think fit."
Justice Bagchi added that the residuary power of the Election Commission flows from Article 324 of the Constitution as well. The Representation of the Peoples Act mentions both summary revision and special revision and the Commission has only added the word "intensive".
Advocate Prashant Bhushan argued that the Election Commission should publish the list of the 65 lakh voters who were omitted from the list and also the reasons for the omission.
Bhushan urged the Bench to issue an interim direction to the Commission to publish the names of persons excluded from the draft, to make the draft list on the website searchable, give names of persons recommended/not recommended by the BLO, and the reasons for deletion.
The case will come up for resumed hearing on Thursday when the Election Commission will present its counter. At the last hearing, on Tuesday, the Bench had verbally remarked that "largely it appears to be a case of trust deficiency".
The Bench had also told the counsels for petitioners that they should "agree" with the claim of Election Commission that a "detailed inquiry is not required" for the purpose of preparing draft rolls.
The Bench had questioned the petitioners if it was their argument that Aadhar card is a proof of citizenship. "Do we presume that it is your argument that Aadhar is proof of citizenship?", the Bench had questioned one of the counsels for the petitioners.
Referring to the Aadhar act, the Bench had said that the
Election Commission of India
was right in submitting that an Aadhaar card is not a conclusive proof of citizenship.
The argument by petitioners that electors in Bihar do not have a majority of documents sought by the ECI as proof did not find favour with the Bench. "Largely, it appears to be a case of trust deficiency..Bihar is an integral part of India. If people in Bihar do not have (the documents) then people in other states won't also have", Justice Kant had orally observed on Tuesday.
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