New Delhi:- Upholding the special rapid revision of voter lists in Bihar, the Supreme Court on Wednesday delivered a landmark judgment. The Supreme Court directed the Election Commission to submit, within four weeks, the list of persons removed from voter lists on the grounds of suspected citizenship to the Home Ministry, so that a decision can be taken on their citizenship under the Citizenship Act, 1955.
A bench headed by the Chief Justice said: "The competent authority concerned will take a decision as per law. It would be better if this process is completed before the next Lok Sabha, Assembly or local body elections." The court further clarified that those whose names have been removed will be issued notices and given full opportunity to present their case.
The Supreme Court said that if, on verification, a person is found to be an Indian citizen, his name will be restored in the voter list. While hearing petitions challenging the SIR process in Bihar, the court noted that the exercise is being carried out after a gap of 23 years, with the aim of removing serious irregularities present in the electoral rolls. The bench held that adequate safeguards have been incorporated in this comprehensive process; hence, it cannot be considered arbitrary.
The Supreme Court also rejected the objections raised regarding the documents being sought during the voter verification process. The court observed that the categorisation of documents is based on clear and logical criteria, which is aimed at maintaining the accuracy and reliability of the electoral rolls. However, the court also advised the Election Commission to exercise caution. The court stressed that names already entered in the electoral rolls should not be tampered with, and any amendment process should be carried out strictly as per the rules laid down under the law.
During the hearing, the Chief Justice remarked: “The concept of validity is very important.” “Its purpose is to ensure that names listed in the voter lists are not removed without a solid basis and due process.” Quoting political scientist Bernard Manin, he said, “For any representative government, it is essential – before the votes are counted – to determine who has the right to vote. Democracy is not just the process of voting, but also the process of identifying those who are entitled to participate in choosing the government.”