Petitions Challenging Special Intensive Revision: Live Updates From Supreme Court
CJI : if 327 law making power can curtial or restrict the contours of 324 ...
Singhvi: parliament is also the custodian of our rights
Singhvi: the whole purpose of 327 was to allow the parliament to occupy the field on the nitigrity of the rolls
CJI: going by this , we have to accept that constitutional power is limited by the statutory means
Singhvi: the power they have relied upon is 324, 324 is trumped by the law made in 327
Singhvi: I will check the citizenship based on the 11 documents, which itself is not a form of the rules or statutory law
Singhvi: jurisdiction is decided by bluntness....it says that all the people of Bihar are presumptuous, temporary till I confirm that you are in the list, you confirm it by the list of documents, if you donot, then good bye
Singhvi: 324 read with 327, under 327 the ROPA is the law
Singhvi: two radical pecularities - (1) it is state wise, most populous states; (2) there is no individuation of any kind for any constituency or part of it ; (3) you donot follow the form made under 21, to have an individual exercise; (4) this is accompanied by virtually a clearly declaration that the SIR is to first say that we have an old list- but there is no old list
Singhvi: an SIR is a revision of rolls on an individuated/ bilateral method on a limited constituency, there no power en mass
Singhvi: this is lack of jurisdiction I am arguing, this is an illusion of grandeur
CJI: going by your argument, the ECI will never have the power to do the exercise ...it is not a routine/ daily update...if any process is transparent, it will be adopted by the ECI
Singhvi: if you assume that you have en mass power, then there should be all India SIR