Case in News
Supreme Court says SIR not an annual feature while examining challenges to electoral roll revision .
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Case Name
Batch of Petitions Challenging Special Intensive Revision (SIR) of Electoral Rolls
Case Overview
The Supreme Court of India led by CJI Surya Kant and Justice Joymalya Bagchi, heard petitions challenging the legality of the Special Intensive Revision (SIR) initiated by the Election Commission of India (ECI) after nearly two decades . The petitioners argued that the ECI lacked proper state-specific justification and had granted excessive discretion to Booth Level Officers (BLOs) to question voter eligibility . They contended that arbitrary deletion of names risked undermining constitutional voting rights and exceeded the ECI’s powers .
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Key Aspects
Before detailing the key aspects, it is essential to understand the concerns raised : the petitioners claimed that the SIR process lacked clarity, consistency, and statutory backing . They also stressed that voter deletion without proper inquiry mechanisms violated fundamental democratic principles .
- Generic reasons cited for SIR—urbanisation, migration, deaths, young voters, foreign migrants—lacked state-specific basis .
- BLOs allegedly exercised suspicion-based scrutiny, equating name deletion with suspending citizenship .
- Identical grounds used across nine states and three UTs without analysing local demographic conditions .
- Petitioners feared that SIR could become arbitrary if repeated frequently .
Legal Insights
Before examining the legal provisions, it is crucial to note that the petitioners argued that SIR must strictly align with statutory frameworks governing electoral rolls, citizenship and voter eligibility .Relevant legal provisions include :
- Section 21(3), Representation of the People Act, 1950 : Electoral roll revisions must be justified and conducted with proper reasoning .
- Section 22, RPA 1950 : Name deletion permissible only for specific grounds with due inquiry .
- Citizenship Act, 1955 : Only Parliament governs citizenship; BLOs or ECI cannot adjudicate citizenship doubts .
- Foreigners Act, 1946 & Foreigners Tribunal Orders : Mechanisms to determine doubtful citizenship lie exclusively with Tribunals .
- Article 326, Constitution of India: Guarantees universal adult franchise, requiring facilitation—not restriction—of voting rights .
Court’s Verdict
The Supreme Court did not deliver a final ruling but observed that SIR not an annual feature, cautioning against continuous judicial interference . The CJI noted that the ECI is conducting SIR after twenty years and should not be micro-managed, but the Commission must present clear reasoning and seriousness of purpose . Hearing will continue next Tuesday .
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Read also-Constitution of India
Source-Supreme Court of India
