sc-to-rule-on-bihar-voter-list-revision-on-october-7

The Supreme Court on Monday set October 7, as the date for final hearing on petitions challenging the validity of the special intensive revision (SIR) of electoral rolls in Bihar, while reiterating that the Election Commission of India, as a constitutional body, is presumed to be acting within the law.

 

A bench of Justices Surya Kant and Joymalya Bagchi made it clear that any illegality in the exercise would render it liable to be struck down. “Our judgement in Bihar SIR will be applicable for Pan-India SIR,” the bench observed, underlining the wider implications of its ruling.

 

The controversy over the Bihar SIR has brewed for months, with critics alleging that the exercise risks disenfranchising voters and introduces ambiguity through the inclusion of Aadhaar as a supporting document. Questions have also been raised over whether Aadhaar can be considered proof of citizenship, an issue that has provoked heated debates both inside and outside the court.

 

On September 8, the apex court had directed the Election Commission to include Aadhaar as the 12th prescribed document for the Bihar revision, but clarified that Aadhaar would not be treated as evidence of citizenship. The Commission was asked to verify its genuineness when furnished by an elector seeking inclusion in the rolls.

Also read: SC to resume hearing on petitions against Bihar SIR

 

During Monday’s hearing, the bench refused to offer any “piecemeal opinion” and emphasised that it could not prevent the poll panel from carrying out similar revisions elsewhere. It, however, allowed petitioners opposing the Bihar exercise to argue against the pan-India SIR at the next hearing.

 

The top court also issued notice on a plea seeking recall of its September 8 order on Aadhaar, indicating that concerns around the document’s role in the electoral process will continue to occupy judicial scrutiny.

 

The outcome of the October 7 hearing is expected to have far-reaching consequences, as the Bihar SIR has become a test case for the legal framework governing electoral roll revisions across the country.