New Delhi: On Thursday, the Supreme Court raised concerns with the Election Commission of India regarding the timing of the Special Intensive Revision initiative in Bihar, which is preparing for elections. The court emphasized that this matter touches upon the “core of democracy and the right to vote,” dismissing the claim that the election body lacked the authority to implement such a drive.

The ECI defended its actions, asserting that Aadhaar does not serve as a “proof of citizenship.”

A panel consisting of Justices Sudhanshu Dhulia and Joymalya Bagchi interrogated Dwivedi about the omission of the Aadhaar card from the SIR initiative in Bihar, stating that the ECI’s role does not extend to determining an individual’s citizenship, which falls under the jurisdiction of the Ministry of Home Affairs.

In response, Dwivedi cited Article 326 of the Constitution, asserting that every voter must be an Indian citizen and reiterated that “Aadhaar card is not proof of citizenship.”

Justice Dhulia remarked, “If you intend to verify citizenship under the SIR of electoral rolls in Bihar, you should have acted sooner; it is somewhat late now.”  As political parties criticize the EC in Bihar, the panel fact-checks leaders.

Meanwhile, the bench dismissed the argument from the petitioners’ counsel that the ECI lacked the authority to conduct such an exercise in Bihar, noting that it is mandated by the Constitution and that the last similar exercise took place in 2003.

Addressing the petitioners’ claims, the bench indicated that the ECI must respond to three inquiries, as the SIR initiative in Bihar pertains to the “foundation of democracy and the right to vote.”

The petitioners’ questions, which include those from political parties, their leaders, and members of civil society, focus on the ECI’s authority to carry out such an initiative and the timing of its implementation.

Dwivedi pointed out that as time progresses, electoral rolls require revision to assess the inclusion or exclusion of voter names, with the SIR being a necessary exercise for this purpose. He questioned who would possess the authority to revise the electoral roll if the ECI did not.

However, the election panel assured the Supreme Court that it would ensure no one is excluded from the voter list without being given a chance to present their case.  Senior advocate Gopal Sankaranarayanan, representing one of the petitioners, stated that the revision of electoral rolls is permissible under the Representation of People Act.

He mentioned that the entire SIR will encompass approximately 7.9 crore citizens, and that neither the voter ID nor Aadhaar cards are being taken into account. More than 10 petitions have been submitted to the Supreme Court, including one from the NGO ‘Association for Democratic Reforms’, which is the lead petitioner.

RJD MP Manoj Jha, Trinamool Congress MP Mahua Moitra, Congress’ K C Venugopal, NCP (SP) leader Supriya Sule, CPI leader D Raja, Samajwadi Party’s Harinder Singh Malik, Shiv Sena (UBT) leader Arvind Sawant, JMM’s Sarfraz Ahmed, and Dipankar Bhattacharya of CPI (ML) have also approached the Supreme Court, requesting a directive to annul the EC order.