Petitions Challenging Special Intensive Revision: Live Updates From Supreme Court

Singhvi: Art. 324, 327- Parliament has powers to make the laws

Dr AM Singhvi makes his submissions

Counsel : its the ERO who verifies not the BLO 

Sibal: It's the BLO who sends it to verify

Sibal: birth certificate names- they dont have it, passport same thing, they won't have it, then marticulation - they won't have it ...the conditions prior to independence are imposed in the conditions after independence ....it is this the domain to be excersized to deny a person the right to vote

CJI: assuming all this, this will not be a closure of the right or completely...

Sibal : they have to go to the house and see ...this is the problem happening on ground....if a person is illegally in India he has no right to vote, but the person is legally in India, he has a right to vote

CJI: if the father's name is not there.....we only considering on the test of reasonableness, the only difference will be that one of the parents names in 2003 list , then you don't require- if it's not there, the person's name will not appear in the voting list

Sibal explains that the rules are similar to the foreigner act where the burden is on the person to prove he is not a foreigner

Sibal : for several reasons this process is unconstitutional, then the burden of proof is reversed

Sibal : there are judgments to the effect which says that the process of electoral rolls is under the Govt under the 2016 Rules, the ECI has no say in the occupied

Sibal : ECI cannot have a position contrary to the occupied field