Bihar SIR: A Battle Between Election Commission’s Power and Citizens’ Right to Vote
• The Supreme Court has ruled that the special intensive revision (SIR) of Bihar’s electoral rolls is a conflict between the Election Commission’s power and the right of ordinary citizens to vote.
• Justice Joymalya Bagchi, part of the Bench, argued that the procedure of sending pre-filled enumeration forms to electors and then deleting 65 lakh of them without any prior enquiry or physical hearing was a “casual way of doing away with citizens’ right to vote.”
• The court referred to the “elbow room” provided to the EC under Section 21(3) of the Representation of the People (RP) Act, which allows the EC to conduct a “special revision” in any manner it may think fit.
• However, the senior advocate, Mr. Sankaranarayanan, argued that Section 21(3) only contemplated a special revision of “any one constituency or a part of a constituency”.
• Justice Bagchi stated that the provision authorizes the EC to devise procedures for special revision in case of exceptional circumstances like a natural disaster.
• The court also debated whether giving citizens an option to choose from as many as 11 ‘indicative’ documents to prove their citizenship could be considered “voter-inclusive” rather than “voter-exclusionary.”
Bihar SIR Controversy is important topic for Civil service exam (WBCS).
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