Bihar Special Intensive Revision (SIR) Case- Supreme Court Hearing-Live Updates

Bhushan: There are roughly 8 cr voters. For 2 districts we have seen 10.6% and 12.6% electors are 'not recommended' by BLOs. Some whistleblower gave us this data. In some particular booths, not recommended are more than 90%! This %age of voters out of 7.24 cr have to be given notice to ask them why they should not be on electoral roll. They have to be heard. In 1 constituency, there are 3 lakh voters. 20 working days - he has to do this. Even assuming notices are given...what is the basis on which they are 'not recommending'? no rules, no guidelines. I CAN GUARANTEE THERE ARE NOT MORE THAN 25% PEOPLE WHOSE ENUMERATION FORMS HAVE BEEN RECEIVED WHO HAVE GIVEN A SINGLE DOCUMENT. BLOs have filled the enumeration forms and signed them! That's why large no. of dead people have found place on the list! These 11 documents are not proof of citizenship!

Gopal S: They (ECI) have violated this Court's order at ad-interim stage to consider the 3 documents

Gopal S concludes.

Bhushan: Please sit for 30 mins more today, petitioners can finish today

J Kant: We will

Bhushan: if someone wants to challenge my citizenship, they have to fill form 7, I have to be given opportunity. In Lal Babu Hussein, though it was not styled as SIR, because mass notices were given to lakhs of people, the Court said you can't do that. If you want to remove, you have to give notice as to why you're suspecting citizenship and allow presentation of document. I say, self-declaration should be good enough.

Gopal S: in the counter, ECI gives reasons why it would not consider Aadhaar, EPIC, etc. After your lordships mentioned that in the interest of justice please consider these 3, they did not deem fit to [comply]. We are pressing stay today of this notification which is a national exercise. At the inception, it's dead, still-born

J Kant: by that argument, it can't be done anywhere in the country

Gopal S: an exercise which involves en masse exclusion

J Kant: but electoral list can't be static, one-time exercise is only for preparation for original one. there has to be revision.

Gopal S further reads from Anoop Baranwal:

"Even if it is treated as a statutory right, which, at any rate, cannot be divorced or separated from the mandate of Article 326, the right is of the greatest importance and forms the foundation for a free and fair election, which, in turn, constitutes the right of the people to elect their representatives."

Gopal S mentions notice issued by CEO, Jharkhand for similar SIR exercise

J Kant: Bengal can wait.

Gopal S (reads from Anoop Baranwal): "To cast the vote, a person must be included in the electoral roll of the constituency. However, even if it be that he is so included, if at the time of the election, when he casts the vote, he has incurred any of the disqualifications referred to in Section 16 of the 1950 Act, then his Right to Vote will stand eclipsed."

Gopal S: There's a constitutional right to be included in the electoral roll. How does ECI take it away? Only if prescribed disqualifications are incurred

He further reads:

Gopal S refers to the decision in Indrajit Barua case

Gopal S: there has to be an objector, enquiry, before removing person from electoral roll. they can't use garb of revision to remove electors entitled to be on the roll

He further relies on Anoop Baranwal judgment

Gopal S: this was about who can appoint Election Commissioners. Unfortunately, Parliament enactment has come, which has undone what this court said. Please see majority judgment

Gopal S: they are undertaking 'a fresh preparation of electoral rolls' - there is no doubt...para 6, they give reasons like migration, for which procedure is prescribed...prescriptions not followed. Suddenly, onus has shifted from them to us. In para 10, it is stated SIR is for ENTIRE COUNTRY. Schedule for SIR in rest of the country will be issued in due course. CEO, WB has issued notice already.

J Bagchi: ECI discretion is not [...]. The primary legislation gives that elbow space for slight variation, say for a peculiar situation like man-made disaster. Those powers are reserved. Whether deviation is just, fair, reasonable will be Rule...

J Kant: How much more time Mr Gopal?

Gopal S: I have to show the 24.06.2025 order, 20 mins more

J Kant: How will we wrap up till tomorrow? CB will start next week

Gopal S: If burden on ECI under Act is so strong, they have to adhere to it. Their own Act requires them to consider Aadhaar. How do they wriggle out of it? whichever way your lordships look at S.21(3), my entitlement as a voter/elector once I am on the roll cannot be taken away.

Gopal S: are we to believe that the residuary power...

J Bagchi: residuary power has to be read with art. 325

Gopal S: is it so wide that it will overpower what's prescribed in rules?

J Bagchi: You admit that sub-section (3) has overriding effect over (2). (3) gives special revision powers which is definitely different from ordinary revision envisaged in (2)

Gopal S: sub-section (3) is not to be used in a routine manner, it's for special cases. that's what the residual power is for. the very fact that rules are placed before parliament means there are strong procedures for 'preparation' and 'revision'. that entire gamut of procedure for 74 years, without a demur.