Bihar SIR row: Will step in immediately if there is ‘mass exclusion’ in roll revision, says Supreme Court

The Supreme Court said it would immediately intervene if there is “mass exclusion” in the Special Intensive Revision (SIR) of electoral rolls in Bihar. The apex court was hearing a bunch of pleas challenging the Election Commission's SIR exercise in Bihar.

The court termed the Election Commission a constitutional authority that’s deemed to act in accordance with law. Justice Kant said, "The Election Commission of India, being a constitutional authority, is deemed to act in accordance with the law. If any wrongdoing is done, you bring to the notice of the court. We will hear you."

A bench of Justices Surya Kant and Joymalya Bagchi said further hearings on the issue will be held on August 12 and 13. It also asked the petitioners to bring in “15 people whom they say are dead and are alive".

Senior advocate Kapil Sibal and advocate Prashant Bhushan, who appeared for the petitioners, said that people are left out from the draft list, which will be published on August 1. That way these people would lose their crucial right to vote. They said that as per the EC, 65 lakh persons have not submitted the enumeration forms during the SIR process as they are either dead or have permanently shifted elsewhere.

Justice Bagchi added, "Your apprehension is that 65 lakh odd voters will not feature in the draft list. Now ECI is seeking correction in the electoral roll. We are overviewing the process as a judicial authority. If there is mass exclusion, we will immediately step in. You bring 15 people whom they say are dead and are alive."

Senior advocate Kapil Sibal, representing RJD MP Manoj Jha, stated that the Election Commission is aware of the identities of the 65 lakh people involved and would have no objection if their names appeared in the draft electoral list. Justice Kant remarked that if the draft list fails to mention these names clearly, it should be brought to the court's attention.

Senior advocate Rakesh Dwivedi, appearing for the Election Commission, noted that enumeration forms can still be submitted after the publication of the draft list. The bench directed both the petitioners and the Election Commission to file their written submissions by August 8. It also appointed nodal officers from both sides to manage the filing of written submissions and compilations.

On Monday, the Supreme Court emphasised that the ongoing Special Summary Revision (SSR) exercise of the voters’ list in poll-bound Bihar should focus on "en masse inclusion" rather than "en masse exclusion." The court instructed the Election Commission to continue accepting Aadhaar and voter ID documents during this process.