New Delhi, 10 July

The Supreme Court on Thursday allowed the Election Commission of India to continue with its Special Intensive Revision (SIR) of electoral rolls in Bihar calling it a "constitutional mandate".

A bench of Justices Sudhanshu Dhulia and Joymalya Bagchi, however, questioned the timing of the exercise besides offering its prima facie view that Aadhaar card, voter ID card and ration cards could be considered during the SIR in Bihar.

"We are of the prima facie view that Aadhaar cards, voter ID cards and the ration cards be allowed in the special intensive revision of electoral rolls,” it said.

Noting that none of the petitioners, including leaders of 10 opposition parties, prayed for an interim stay of the poll panel’s exercise, the bench sought response on the batch of petitions and posted the hearing on 28  July.

The ECI, the bench said, should file a counter affidavit to the petitions by 21 July and rejoinders should be filed by 28 July.

"We are not doubting your sincerity but there are perceptions. We are not thinking of stopping you because it is a constitutional mandate," the bench told senior advocate Rakesh Dwivedi, appearing for the poll panel.

Dwivedi said 60 per cent of voters had verified their credentials and assured the court none of the voter’s name will be removed from the electoral rolls, without giving them a hearing.

"We cannot stop a constitutional body from doing what it is supposed to do. Simultaneously, we will not let them do what they are not supposed to do,” the bench said.

Earlier in the day, the bench questioned the poll panel on the timing of the SIR drive in poll-bound Bihar saying it went to the "root of democracy and power to vote" while rejecting the argument that the poll panel did not have any power to carry it out.

The ECI also justified the exercise and said Aadhaar wasn't a "proof of citizenship".

The bench questioned Dwivedi over the exclusion of Aadhaar card in the SIR drive in Bihar and said the ECI had nothing to do with citizenship of a person and it was the Ministry of Home Affairs' domain.

Dwivedi responded while referring to Article 326 of the Constitution and said every voter has to be an Indian citizen and "Aadhaar card is not proof of citizenship".

Justice Dhulia said, "If you are to check citizenship under SIR of electoral rolls in Bihar, then you should have acted early; it is a bit late."

The bench, in the meantime, rejected the submission of the petitioners’ counsel that the ECI did not have power to conduct any such exercise in Bihar for it was mandated under the Constitution and the last such exercise happened in 2003.

While referring to the petitioners' contentions, the bench said the ECI had to answer three questions as the SIR exercise in Bihar went to "root of democracy and power to vote".

The questions of the petitioners, including political parties and their leaders aside from civil society members and organisations, deal with the ECI's power to conduct such an exercise and its timing.

Dwivedi said with passage of time, electoral rolls need to be revised to look into inclusion or exclusion of voter names with the SIR being the one exercise to do it.

He asked if the ECI did not have the power to revise the electoral roll then who did.

The poll panel, however, assured the top court of not leaving out anyone from the voter list without an opportunity to be heard.

At the outset, senior advocate Gopal Sankaranarayanan, appearing for NGO 'Association for Democratic Reforms', said the revision of electoral rolls can be permitted under the Representation of People Act.

The entire SIR will cover around 7.9 crore citizens, he said, and even the voter ID and Aadhaar cards are not being considered.

Over 10 petitions have been filed in the SC, including one by NGO 'Association for Democratic Reforms', the lead petitioner.