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

Bench re-assembles

Singhvi: One clarification - I am not saying they should give less time to Bengal...I am just saying they should give ample time to Bihar

He next addresses 65 lakh voters deletion issue

Singhvi: it is admitted by ECI that 65 lakh voters are off the list. without any notice, document, form, these people declared off the list. X lakhs are dead, Y migrated and Z duplicated. This is done procedure nowhere in the ROPA, or anywhere. They don't ask for documents. Non-inclusion is a delightful word - it's de-facto deletion.

Singhvi: application under form 6 is for someone who has to get on the roll...I have a better case...for inclusion for the first time, it's only self-declaration! They have turned this on its head by the impugned order! everybody after 2003 till 2025 is presumptively treated not to be in the electoral roll, unless I go and show in the negative. This is a very serious thing! 2003 revision was close to elections, but they had time. today, they have done in months! they may give 1 good reason why they can't do it after few months. this scheme was to end in July itself, initially, then they changed it.

Court rises for lunch break.

Singhvi: what ECI has done is complete opposite of what's stated here...someone has to object to citizenship...burden then is on that person to show I am not a citizen...the initial onus of proof of citizenship is on applicant seeking inclusion...but if objected to, burden shifts. They have now said approx. 4.9 crores are deemed to be not on the roll. Unless principles of natural justice are short-circuited, they can't [complete this exercise].

Singhvi: no objection to SIR, but why months before election? have it later, take a whole year. ECI is trying to impress by saying 11 documents...3 they don't know the source [of statistics], other 2 are highly doubtful, irrelevant...this list of 11 is a pack of cards. They supplant Aadhaar, water, electricity bill

Singhvi refers to ECI's manual.

J Kant: let's not project Bihar as...in terms of IAS, maximum representation is by this state...it can't happen unless young generation is committed to higher education

Singhvi: we have extremely bright scientists, etc. from there...but it's limited to a class of people. there are rural, flood areas in Bihar...poverty stricken areas...what's the point of making list of 11 documents for them?

J Kant: what's this 13.89 crore figure?

Singhvi: It has to be wrong. it exceeds the entire population of Bihar!

J Bagchi: they get it from various departments, either of state or other reliable authorities...that's how they are giving this figure and why it may be loose, unreliable figure.

J Kant: There is no bar in law that someone who is 50 yrs old gets a certificate...

Singhvi: what is the urgency to come up with such an exercise in july?

J Kant: In Bihar, it's quite encouraging that 36 lakhs people have passports

Singhvi: about 1% of 'voters' would have a passport. exercise is skewed against women.

Singhvi: it's a document whose coverage EC can't entertain. WHO WILL ENTERTAIN?

J Kant: pension payment order is also admissible...therefore, if among retirees, there is no other document other than PPO, they can rely on that...

Singhvi: Point is vast majority of Bihar will not have these documents. We are talking of real, genuine sifting. Just under 4 crores birth certificates issued from 2001-24...

J Kant: DOB material or date mentioned in birth certificate material?

Singhvi: Passport statistics are at 36 lakhs.

J Kant: What's your opinion on item 2? it says about any identity card

Singhvi: EPIC card is the best identity card, another is Aadhaar. What better cards could there be? Funny part is - EC's counter says 'cannot be ascertained'. Credit card is a great document, but what's the point of it in Bihar?

Singhvi: I beg to differ. IT IS EXCLUSIONARY. Let me explain why

Singhvi compares both the list of documents (Jharkhand revision v. Bihar revision)

Singhvi: (1) Aadhaar is out - it is exclusionary. It is the document which has highest coverage. (2) Water electricity, gas connection - not there (3) Indian passport - coverage of less than 1-2% retained. In number terms, they are retaining to impress. but by nature, it's the minimum coverage document (4) all other documents have between 0-2-3% coverage. If one does not have land, documents 5,6,7 are out. I wonder in Bihar, how many will qualify? Residence certificate does not exist in Bihar. Form 6 only requires a self-declaration.

J Bagchi: they (ECI) are expanding the no. of documents of identity...we understand your exclusionary arguments maybe wrt Aadhaar...but the expansion of documents followed from [summary revision] to SIR is infact voter-friendly and not exclusionary. It gives them more options. From 7, there are now 11 documents. An argument was made whether enumeration form can be made in contradiction to statutory form...if enumeration form takes within its fold the statutory form, will it be in violation or a more inclusive compliance?

J Kant: if somebody says all 11 documents are required, then it would be anti-voter. but if it says give any of the 11 reliable documents...?