Supreme Court upholds EC’s power to conduct SIR of electoral rolls

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New Delhi: The Supreme Court says Election Commission (EC) exercising Special Intensive Revision (SIR) of electoral rolls was constitutionally and legally sustainable.

A verdict was delivered regarding the legality of the SIR exercise conducted in Bihar and several other states. The bench was headed by Chief Justice Surya Kant alongside two justices.

Four broad questions were framed in front of the bench:

• If EC had enough power to conduct such an exercise?
• Whether the process was proportionate and legally justified?
• Whether it violated the Representation of the People Act, 1950?
• Whether the ECI could check if someone is a citizen before adding them to the voter list?

When the bench pronounced the judgement regarding the matter it was in favour of the election commission. It said “holding that the SIR process was constitutionally and legally sustainable”

“Does not distract from the constitutional obligation of free and fair elections” and instead advances that mandate.”

Another observation was made in which the judges said, “We are equally satisfied that the object sought to be achieved by the SIR bears a direct nexus to the constitutional goal of free and fair elections,”

“We hold that the electoral SIR advances the constitutional imperative of free and fair elections.”

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The pleas had claimed that the Election Commission does not have the powers under Article 326 of the Constitution, the Representation of the People Act, 1950 and the Rules made under it to carry out SIR on such a larger form.

The court said the Election Commission’s actions were fair and reasonable. It was neither “manifestly excessive” nor arbitrary.

The court said the Election Commission didn’t break the law just because the Special Intensive Revision was different from the usual voter list update.

This case came following multiple petitions being made which challenged the SIR exercise in Bihar as the EC had revised electoral rolls and removed lakhs of names from the list.

It was also said that EC doesn’t have this much of power to take such a powerful step alone and make a large scale revision.

The Supreme Court during the process also said the Election Commission can decide how to check voters, but it doesn’t have unlimited power.

The judges said the documents used to verify voters must maintain a rational connection and actually help keep elections fair and honest.

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