ECI Lacks Authority to Decide Citizenship, Petitioners Argue in SC

Swift Summary

• The Supreme Court heard challenges to the Election Commission’s Special Intensive Revision (SIR) of electoral rolls in poll-bound Bihar.
• Concerns were raised about potential nationwide implementation of SIR, shifting the burden onto individuals to prove citizenship.
• Senior advocate Gopal Sankaranarayanan criticized the process for being rushed (completed in 30 days) and limited to only 11 documents,excluding Aadhaar and voter ID cards.
• Petitioners called the exercise “ill-timed and hasty” and argued it risks disenfranchising millions, especially from marginalized groups.
• Senior advocate Kapil Sibal highlighted Section 19 of the Representation of People Act, asserting that authorities, not citizens, must prove cases involving voter eligibility.
• Abhishek Manu Singhvi described SIR as a proxy for citizenship screening and objected to Aadhaar’s exclusion despite its statutory recognition.

Image description:
Senior advocate Abhishek Manu Singhvi arriving at the Supreme Court for a hearing on pleas challenging Bihar’s electoral roll revision [Photo Credit: PTI]
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Indian Opinion Analysis

The controversy surrounding Bihar’s Special Intensive Revision exercise highlights critical concerns over transparency and inclusivity in India’s democratic processes. While ensuring accurate voter rolls is essential for fair elections, processes perceived as rushed or selective undermine public trust. Excluding widely accepted identification documents like Aadhaar raises questions about equity in implementation,especially among vulnerable populations.

Critics suggest that shifting the burden onto individuals introduces barriers inconsistent wiht principles outlined under electoral law. If similar measures extend nationwide without addressing procedural flaws or clarifying intent beyond stringent documentation checks, there could be widespread criticism amid fears of disenfranchisement impacting poorer demographics disproportionately.

any such large-scale revisions require comprehensive stakeholder consultation alongside robust infrastructural support to avoid unintended fallout while protecting constitutional rights like voting access.