If mass exclusion, we will immediately step in: SC on Bihar SIR

New Delhi, (IANS): The Supreme Court on Tuesday orally remarked that it would “immediately step in” if there is mass exclusion of voters following the Special Intensive Revision (SIR) of electoral rolls in poll-bound Bihar.

The observation came from a Bench of Justices Surya Kant and Joymalya Bagchi as it dealt with a clutch of petitions claiming that if the June 26 decision of the ECI directing SIR is not set aside, it can "arbitrarily" and "without due process" disenfranchise lakhs of voters, disrupt free and fair elections and democracy.

Advocate Prashant Bhushan, citing a statement issued by the poll body, submitted that 65 lakh individuals had not submitted enumeration forms during the SIR process, as they were either deceased or had permanently relocated.

“We are here, we will hear your concerns. We are overviewing the matter as a judicial authority. If there is mass exclusion, we will immediately step in,” the Justice Kant-led Bench assured Bhushan and posted the clutch of petitions against SIR for hearing on August 12 and 13.

The apex court added that the Election Commission of India (ECI), being a constitutional authority, is presumed to act in accordance with the law and the Constitution.

On Monday, the Justice Kant-led Bench declined to grant an interim stay on the publication of the draft electoral rolls but emphasised that the ECI should consider Aadhaar and Electoral Photo Identity Cards (EPIC) for voter verification.

As senior advocate Rakesh Dwivedi, appearing on ECI’s behalf, raised concerns over the reliability of documents -- citing the prevalence of fake ration cards -- the top court had remarked: "As far as ration cards are concerned, we can say they can be forged easily, but Aadhaar and voter cards have some sanctity and have a presumption of genuineness. You proceed with these two documents (Aadhaar and EPIC). Wherever you find forgery, that’s on a case-to-case basis."

As per the SIR schedule released by the poll body, every elector who has submitted the enumeration form -- with or without supporting documents -- will be included in the draft electoral roll set to be published on August 1.

Electors who have not submitted their forms will still be entitled to seek inclusion in the final roll by filing a claim in the prescribed form along with the required declaration.

"Therefore, any person excluded from the draft roll has another opportunity to be included by submitting the form with the necessary declaration and documents. This claims period will remain open for 31 days following the publication of the draft roll, i.e., until September 1, 2025," the Commission said in an affidavit filed before the Supreme Court.

After the completion of the entire process, the final roll will be published on September 30, and the reply document added.

The ECI also submitted that even after the final roll is published, new electors may still be enrolled up to the last date for filing nominations for the upcoming Bihar Assembly elections.