Supreme Court News: Supreme Court’s important verdict on ‘SIR’ process; a big blow to opponents and social activists

• Many petitions have been filed in the Supreme Court from across the country regarding the SIR process
• Selection of names in SIR cannot be held unconstitutional – Supreme Court
• SIR Comes to Constitutional Test – Supreme Court
• There was no error in the SIR process-Supreme Court

Supreme Court News: Questions are constantly being raised by social workers along with the opposition parties regarding the errors in the Special Intensive Revision process across the country. Several petitions were filed in the Supreme Court from across the country regarding the SIR process. While hearing these petitions, the Supreme Court on Wednesday (May 27) gave an important verdict regarding the Special Election Inquiry (SIR).

A bench of Chief Justice Suryakant and Justice Joymala Bagchi heard the petitions on SIR proceedings on Wednesday (May 27). “There was no error in the SIR process. The Election Commission exercised its powers within its powers. Those powers were not violated. The entire process of ‘SIR’ cannot be declared unconstitutional.” The Supreme Court gave such a relief.

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The Supreme Court upheld the decision of the Election Commission on Special In-depth Revision (SIR) of electoral rolls in Bihar. “The SIR process cannot be held illegal merely because it is different from the normal process of revision of electoral rolls. The court held that the SIR is a legal and constitutional process. Also the process is legally valid.” The court also noted

Selection of names in SIR cannot be held unconstitutional – Supreme Court

The court said, “We believe that the steps taken during the SIR were proper. We do not believe that the voters were pressured to produce self-proof. Even if a voter resides at a new place, he is not excluded from the old SIR process. His or his family’s name will continue to be in the list as per the old SIR. Exclusion of names from the SIR cannot be held to be illegal.” The court also clarified.

The Supreme Court in its order said, “The Election Commission included them in its list based on the authenticity of the documents. This cannot be called arbitrary. It cannot be said that the purpose of the SIR was only to exclude people. If the documents are found to be incorrect, the Election Commission can refuse to include them in the voter list. It cannot be said that the Election Commission is determining the citizenship of the people.”

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“SIR Meets Constitutional Test”

The Supreme Court said, “We have come to the conclusion that the SIR meets the constitutional test and the test of the Representation of the People Act (RP Act). Given the broad nature of the work, the Election Commission has the power to prescribe rules and procedures. The Election Commission does not determine citizenship. But it can refer the cases of suspected persons to the Central Government.”

After a lengthy hearing in the matter, the bench reserved its verdict earlier this year. The petitions challenged the validity of the SIR process initiated by the Election Commission.

Meanwhile, the petitioners argued that the review process is beyond the powers conferred on the Election Commission under Article 326 of the Constitution, the Representation of the People Act, 1950 and the rules made thereunder. The dispute is primarily related to the Election Commission’s requirement that voters excluded from the 2002 (or in some states 2003) electoral rolls now have to prove their citizenship by proving their hereditary relationship to someone named in the electoral roll at that time.