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The Wire
3 days ago
- Politics
- The Wire
Bihar SIR Hearing: As Petitioners Give Evidence of Omissions, SC Says ECI Expanding Number of Documents
New Delhi: While hearing the challenge to the Election Commission of India's (ECI's) Special Intensive Revision (SIR) exercise in Bihar, the Supreme Court on Wednesday (August 13) asked the petitioners whether the ECI does not have the residual power to conduct such an exercise in a manner it deemed fit. The Supreme Court bench comprising Justices Surya Kant and Joymala Bagchi did not appear to be moved by the evidence of omissions and chose to describe the process as 'in fact, voter-friendly and not voter-exclusionary' given that the poll body is accepting 11 documents as proof of identity as opposed to seven during past revision exercises. 'They are expanding the number of documents of identity … it gives you more options,' Justice Joymalya Bagchi said, reported Indian Express. To petitioners challenging the EC's power to hold such an intensive revision, the other judge on that bench, Justice Surya Kant, drew attention to Section 21(3) of the Representation of the People Act, which says that the commission 'may … direct a special revision of the electoral roll for any constituency or part of a constituency in such manner as it may think fit'. When lawyer Gopal Sankaranarayanan said that the current exercise wasn't taking place just in one constituency but an entire state, Justice Bagchi asked why the SIR could not be seen as a special revision occurring in each of Bihar's seats simultaneously, reported LiveLaw. Sankaranarayanan also said that adult Indian citizens have the right to be enrolled as voters under Article 326, but Justice Bagchi said the EC would in turn say it has the power under Article 324 to conduct elections and prepare voter rolls. 'It is a battle between a constitutional right and a constitutional power,' he said. The bench will likely resume hearing the matter tomorrow. Advocate Prashant Bhushan questioned why the ECI removed the searchable version of the draft roll from its website, adding that the ECI did it on the very next day of Lok Sabha leader of opposition Rahul Gandhi's press conference, alleging voter list manipulations. Bhushan demanded that the ECI should publish the list of the 65 lakh voters who have been omitted from the list along with the reasons for the omission. "They say they have exact reasons for deletion - why should they not be on the website? This shows mala fide intent," said Bhushan. Senior advocate Abhishek Manu Singhvi said that the 11 documents which have been specified by the ECI as acceptable for the SIR have very little coverage among the population in Bihar. He questioned the exclusion of Aadhaar, EPIC, ration card, water and gas connection bills etc. from the list, said the LiveLaw report. The hearing will continue on Thursday (August 14).
The Hindu
3 days ago
- Politics
- The Hindu
Bihar SIR is a battle between EC's power over polls and citizens' right to vote: SC
The Special Intensive Revision (SIR) of Bihar's electoral rolls is a battle between the Election Commission of India's 'power' over elections and the ordinary citizen's right to be named in electoral rolls, and to be allowed to vote, the Supreme Court observed on Wednesday (August 13, 2025). Justice Joymalya Bagchi, part of the Bench headed by Justice Surya Kant hearing petitions against the SIR, observed that poll-bound Bihar was in the middle of a contest between Article 324, which empowers the Election Commission (EC) to control elections, and the constitutional right of adult suffrage enshrined in Article 326 of the Constitution. Bihar SIR row hearing highlights on August 13, 2025 'Casual removal of voting rights' The judge's observation was in response to arguments raised by senior advocates A.M. Singhvi and Gopal Sankaranarayanan that the procedure of sending pre-filled enumeration forms to electors, only to later delete 65 lakh of them from the electoral roll without any prior enquiry or physical hearing — that too, with just two months left for the Assembly election in November — was, to say the least, a 'casual way of doing away with citizens' right to vote'. 'An elector means someone who is already in the electoral roll. The enumeration form, indicative documents are just figments of the imagination of the EC. There is no such procedure in the Representation of the People Act. I have a statutory right to remain in the electoral roll. The procedure for removal from the electoral roll is 'absolutely strict' as intended by the Parliament. Removal would only be subsequent to an enquiry, even for one elector. It is the concept of the 'little man' laid down in the Supreme Court by Justice Krishna Iyer… Who gave the EC power to do this, under which law and what authority?' Mr. Sankaranarayanan submitted. EC's discretionary power Justice Bagchi referred to the 'elbow room' provided to the EC under Section 21(3) of the Representation of the People (RP) Act, which says that the EC can conduct a 'special revision' in 'such manner as it may think fit'. 'Does this provision give the EC some residuary discretion to introduce elements like enumeration forms, additional indicative documents?' Justice Bagchi quizzed the petitioners. However, Mr. Sankaranarayanan responded that Section 21(3) only contemplated a special revision of 'any one constituency or a part of a constituency'. 'Can the provision be used to change the electoral rolls of the entire country from a time of your own choice? Does it authorise EC to embark on an en masse revision of the electoral rolls across the country?' the senior advocate responded. Section 21(3) was meant to be resorted to only in 'exceptional circumstances', he said. Summarising Section 21(3), Justice Bagchi said that it authorised the EC to devise procedures for special revision of the electoral roll in case of exceptional circumstances like a natural disaster. 'Otherwise, the EC has to strictly follow Rules 4 to 24 of the Registration of Electors Rules,' Justice Bagchi said. Voter inclusive vs exclusionary Justice Bagchi and Mr. Singhvi debated on whether giving citizens an option to choose from as many as 11 'indicative' documents to prove their citizenship and find their way back to the electoral roll could be considered 'voter-inclusive' rather than 'voter-exclusionary', as argued by the petitioners. The judge pointed out that earlier summary revisions provided a choice of only seven documents. Mr. Singhvi, however, said the list of 11 documents was 'impressive, but hollow'. They were either irrelevant, non-existent, or had minimum coverage in Bihar, he said, noting that only 1% of Bihar's residents has a passport. Most women in the State do not have matriculation certificates, Mr. Singhvi said, adding that 87% had Aadhaar, which was not included as one of the EC's 11 approved documents. Justice Kant said the central civil services were mostly populated by people from Bihar. 'I am not talking about those few. I am talking about the poor and marginal population of Bihar who live in flood-prone, poverty-stricken and rural areas… The EC says these documents are indicative of your citizenship, but they have only exclusionary value,' Mr. Singhvi submitted. 'EC's malafide intentions' So far, he said, the SIR has only witnessed the 'de facto deletion of electors'. 'The SIR policy is to presumptively exclude the entire mass of electors in Bihar since 2003 and then put the onus on them to come with any of the indicative documents to prove their citizenship... These are people who have voted in five to 10 elections since 2003, and you have deleted 65 lakh of them without any enquiry, physical interviews, verification or giving them an opportunity to produce documents,' Mr. Singhvi said. Advocate Prashant Bhushan argued that the 'malafide' of the EC was evident from its haste in conducting the SIR, its refusal to accept Aadhaar or voter ID cards, its refusal to publish the names of the 65 lakh deleted voters and the specific reasons for their exclusion, and the removal of the mechanism to search for names in the draft electoral roll after Congress leader Rahul Gandhi's press conference on the issue.
New Indian Express
31-07-2025
- Politics
- New Indian Express
Bihar SIR: Setting state for everlasting electoral angst
The Election Commission of India's special intensive revision (SIR) in Bihar constitutes nothing less than a systematic deconstruction of universal suffrage, the sine qua non of democratic legitimacy. This mechanised disenfranchisement, masquerading as bureaucratic rectitude, represents a constitutional trespass. Its jurisprudential malignancy demands not mere critique, but forensic evisceration. The bedrock of India's electoral democracy is Article 326 of the Constitution. Its language is unambiguous and deliberately restrictive: 'The elections... shall 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... and is not otherwise disqualified under this Constitution or any law made by the appropriate legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter.' The term 'shall be entitled' creates an indefeasible constitutional right, placing the burden of disproving eligibility squarely on the State. This formulation crystallises four immutable principles. First, suffrage is the default constitutional status of citizenship. Second, disqualifications form a closed hermeneutic universe (expressio unius est exclusio alterius). Third, each disqualification requires judicial imprimatur—court declarations (unsoundness), legislative disqualification (corrupt practice), or quasi-judicial residency determination. Fourth, other agencies possess zero delegated authority to invent new exclusion criteria. The SIR commits constitutional lèse-majesté by substituting this framework with a documentary inquisition, transforming suffrage from a constitutional right into an administrative privilege. The Representation of the People Act, 1950 (RPA) and the Registration of Electors Rules, 1960 operationalise Article 326. They provide the machinery for roll preparation and revision, but they do not—and constitutionally cannot—expand the grounds for disqualification beyond those in Article 326. Section 16 of the RPA parrots Article 326's disqualifications verbatim, creating an impregnable statutory fortress. The Election Commission, through SIR, has created a rather spurious ground of 'documentary insufficiency' through executive ukase.
Hindustan Times
28-07-2025
- Politics
- Hindustan Times
Supreme Court to hear case against Bihar SIR today: What is the case about?
The Supreme Court of India is set to hear the pleas challenging the revision of the electoral rolls in Bihar on Monday, July 29. The plea before the top court challenges the Election Commission's decision to undertake a special intensive revision ahead of the assembly elections in the state. The plea before the top court challenges the Election Commission's decision to undertake a special intensive revision ahead of the assembly elections in the state. (Vipin Kumar/ Hindustan Times) The matter is expected to be heard by a bench comprising Justices Surya Kant and Joymalya Bagchi. The plea before the apex court argues that the SIR in Bihar could result in the disenfranchisement of a certain segment of Bihar's population. Also Read | Supreme Court to review Delhi's old vehicle ban today: What's the policy and why was it paused? "The petition submits that the SIR order dated June 24, 2025, if not set aside, can arbitrarily and without due process disenfranchise lakhs of citizens from electing their representatives, thereby disrupting free and fair elections and democracy in the country, which are part of the basic structure of the Constitution," states Association for Democratic Reforms, the NGO challenging the revision. The NGO has also questioned the exclusion of Aadhar and ration cards from the list of acceptable documents during the electoral roll revision. The Election Commission of India, however, has defended the exercise. In its affidavit before the court, the poll body has justified the revision and stated that the exercise will add to the "purity of the election by weeding out ineligible persons." Also Read | Bihar electors' number may dip for 1st time since 2005 "The entitlement to vote flows from Article 326 read with Sections 16 and 19 of the RP Act 1950 and Section 62 of the RP Act 1951, which contains certain qualifications with respect to citizenship, age, and ordinary residency. An ineligible person has no right to vote, and thus, cannot claim a violation of Articles 19 and 21 in this regard," said the polling body. What is Bihar SIR? The Election Commission of India launched the Special Intensive Revision (SIR) in Bihar on June 24. This decision comes ahead of the highly anticipated assembly elections in the state. As per ECI, the objective of the exercise is to update and clean up the electoral booths through house-to-house verification by Booth-Level Officers across Bihar. The exercise has been criticised by the opposition governments at the state and central levels. In the monsoon session of the Parliament, INDIA bloc MPS have challenged the exercise, stating that the SIR is removing "genuine voters" from the electoral rolls. A month after the exercise started, the Election Commission has stated that around 35 lakh voters in the Bihar electoral rolls have been flagged as missing. As per the press release issued on Sunday, many have moved to other states, some are deceased, some have not submitted the forms, and few have refused to register.
Indian Express
28-07-2025
- Politics
- Indian Express
Today in Politics: Parliament set for heated debate on Pahalgam attack, Operation Sindoor
The first week of disruption in Parliament's Monsoon session is set to give way to a fiery debate on the Pahalgam attack and Operation Sindoor from Monday as the ruling NDA and the Opposition prepare to lock horns over the two issues steeped in national security and foreign policy imperatives. The BJP-led NDA and Opposition parties are expected to field their top guns during the discussion in the Lok Sabha and the Rajya Sabha. Sources said Home Minister Amit Shah, Defence Minister Rajnath Singh, and External Affairs Minister S Jaishankar will be speaking on the issues amid indications that Prime Minister Narendra Modi may make an intervention to convey his government's 'robust' stand against terrorism. Leaders of Opposition in Lok Sabha and Rajya Sabha, Rahul Gandhi and Mallikarjun Kharge, may lead the charge against the government along with Samajwadi Party's Akhilesh Yadav, besides a host of other members. The two sides have consented to a marathon 16-hour debate in each House, which invariably stretches longer in practice. Besides its battery of ministers and leaders like Anurag Thakur, Sudhanshu Trivedi and Nishikant Dubey, the ruling NDA is expected to field its members from the seven multi-party delegations that had travelled to over 30 world capitals to present India's case after Operation Sindoor. They include Shrikant Shinde of the Shiv Sena, Sanjay Jha of the JD(U) and Harish Balayogi of the TDP, among others. A big question mark is on whether Shashi Tharoor, who had led the delegation to the US among other countries, will be picked as a speaker by the Congress, as the seasoned Lok Sabha member's enthusiastic endorsement of the government's action following the terror attack has soured his ties with his party. The Supreme Court is scheduled to hear on Monday a batch of pleas challenging the Election Commission's decision to undertake a special intensive revision (SIR) of electoral rolls in poll-bound Bihar. A Bench of Justices Surya Kant and Joymalya Bagchi is likely to take up the matter in which the EC has justified its ongoing SIR of electoral rolls in Bihar, saying it adds to the purity of the election by 'weeding out ineligible persons' from the electoral rolls. The poll panel, while justifying its June 24 decision directing the SIR, has said all major political parties were 'involved' in the exercise and deployed more than 1.5 lakh booth-level agents to reach out to eligible voters, but are opposing it in the apex court. 'The entitlement to vote flows from Article 326 read with Sections 16 and 19 of the RP Act 1950 and Section 62 of the RP Act 1951, which contains certain qualifications with respect to citizenship, age, and ordinary residency. An ineligible person has no right to vote, and thus, cannot claim a violation of Articles 19 and 21 in this regard,' it said. The Supreme Court is scheduled to hear on Monday Allahabad High Court judge Yashwant Varma's plea seeking invalidation of a report by an in-house inquiry panel which found him guilty of misconduct in the cash discovery row. A Bench of Justices Dipankar Datta and AG Masih is likely to hear the matter. Justice Varma has also sought quashing of the May 8 recommendation by then Chief Justice of India Sanjiv Khanna, urging Parliament to initiate impeachment proceedings against him. In his petition, Justice Varma submitted that the inquiry 'reversed the burden of proof', requiring him to investigate and disprove the charges levelled against him. Alleging that the panel's findings were based on a preconceived narrative, Justice Varma said the inquiry timelines were driven solely by the urge to conclude proceedings swiftly, even at the expense of 'procedural fairness'. The petition contended that the inquiry panel drew adverse findings without affording him a full and fair hearing. A meeting of the Telangana Cabinet will be held on Monday, where the expert panel report is expected to be a key agenda, official sources said. Telangana Backward Classes Welfare Minister Ponnam Prabhakar on Saturday said the state Cabinet would meet to discuss the Independent Expert Working Group's (IEWG) report on the caste survey and determine the next course of action. The caste survey was held in two phases, employing over 1,03,889 enumerators and supervisors. The findings of the IEWG have not yet been made public. – With PTI inputs
