SC upholds ECI's Bihar electoral roll revision, rejects opposition PILs

The Supreme Court upheld the Election Commission's Special Intensive Revision of electoral rolls in Bihar, rejecting over 20 PILs from opposition parties. The court deemed the exercise constitutional and essential for fair elections.

Petitioner Welcomes Verdict, Rejection of PILs

Following the Supreme Court's decision upholding the Special Intensive Revision (SIR) of electoral rolls conducted by the Election Commission of India (ECI) in Bihar last year, petitioner and advocate Ashwini Upadhyay on Tuesday said the apex court had accepted the submissions made by both the Election Commission and petitioners supporting the exercise.

Speaking to ANI, Upadhyay said the court had rejected the allegations raised in over 20 PILs filed by opposition parties challenging the revision process and questioning the impartiality of the Election Commission. "The Supreme Court has accepted the arguments put forth by the Election Commission; it has also accepted the arguments that we presented. Furthermore, regarding the more than 20 PILs filed by the opposition, in which various allegations were levelled, questions were raised regarding the impartiality of the Election Commission, and the procedure adopted was challenged--all those allegations have been rejected," he said.

Court Emphasises Accuracy of Electoral Rolls

He further said the court emphasised that ensuring the accuracy of electoral rolls is essential for free and fair elections, and that no ineligible person should be included in the voters' list. "For free and fair elections, it is imperative that the name of no ineligible individual appears in the voter list... The Supreme Court has affirmed that the list of 11 specified documents remains entirely valid," he said.

Referring to Aadhaar, he said the court observed that its earlier acceptance as the twelfth recognised document was appropriate, while future decisions on the matter would be taken by the Election Commission. "Regarding Aadhaar, it stated that its acceptance at that time as the twelfth recognised document was appropriate; however, the Election Commission will determine the course of action moving forward," said Upadhyay.

SC Terms Exercise 'Legitimate and Constitutional'

The Supreme Court on Wednesday upheld the Election Commission of India's (ECI) Special Intensive Revision (SIR) of electoral rolls, which was first undertaken in Bihar, holding that the exercise is constitutional, legally tenable and cannot be struck down merely because it differs from the ordinary process of voter-roll revision.

A bench of Surya Kant and Joymalya Bagchi held that the SIR exercise cannot be declared 'ultra vires' solely on the ground that it adopts a process distinct from the routine revision of electoral rolls contemplated under the statutory framework. Terming the exercise a "legitimate and constitutional" one, the Court observed that "the exercise is legally tenable" and is aimed at restoring the accuracy and purity of electoral rolls.

Deletion from Voter List Does Not Affect Citizenship

The Court further clarified that the ECI's powers in the process remain limited to determining eligibility for inclusion in electoral rolls and do not extend to ascertaining citizenship status. It held that the deletion of a person's name from the voter list does not divest that individual of citizenship, since citizenship can only be determined by the competent authority under law. (ANI)

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