The Supreme Court commenced final arguments Wednesday on petitions challenging the Election Commission’s Special Intensive Revision (SIR) of electoral rolls across multiple states, clarifying that Aadhaar cannot be considered definitive proof of citizenship for voter registration purposes.
Supreme Court Establishes Key Principles
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi emphasized that the Election Commission retains “inherent power to determine the correctness of entries in Form 6,” the voter registration application.
The judges underscored Aadhaar’s statutory limitations. “Aadhaar is a creation of statute for availing benefits. Just because a person was granted Aadhaar for ration, should he be made a voter also? Suppose someone belongs to a neighbouring country and works as a labourer, shall he be allowed to vote?” the Chief Justice questioned.
EC Cannot Function as “Post Office”
The Supreme Court rejected arguments suggesting the Election Commission must automatically accept all Form 6 submissions without verification.
“You are saying the Election Commission is a post office that must accept the Form 6 submitted and include your name,” the bench remarked, dismissing this interpretation of electoral registration procedures.
Concerns About Voter Burden
Senior advocate Kapil Sibal, representing petitioners, argued the SIR process imposes unconstitutional burdens on ordinary voters who may struggle with documentation requirements and face deletion risks. He emphasized the exercise “affects democracy” fundamentally.
The bench acknowledged these concerns while noting that the EC’s authority to conduct such revisions cannot be undermined by claims the exercise is unprecedented. The court specified that any voter list deletions must be preceded by proper notice.
State-Specific Timelines Established
The court set separate timelines for SIR challenges in Tamil Nadu, Kerala, and West Bengal:
- Tamil Nadu: EC must respond by December 1, with rejoinders due within two days before December 4 hearing
- Kerala: Pleas will be heard December 2, with EC reply due December 1
- West Bengal: Cases scheduled for December 9, with EC responses expected over the weekend and state government/State Election Commission submissions by December 1
The West Bengal cases carry particular sensitivity, as several booth-level officers have allegedly died by suicide during the revision process.
The proceedings address fundamental questions about citizenship verification, voter rights, and electoral integrity as India’s democracy navigates the intersection of digital identification systems and constitutional voting rights.
