Even the Supreme Court allowed the Election Commission (EC) to continue its special intensive amendment of the election list in Bihar, a two-judge bench on Thursday flagged off three major issues, which would have to make the commission as a factor as it prepares its response. These include: EC power to examine the citizenship of voters; The importance of the fixed process and process during the amendment and during the time of self amendment.
A bench of justice Sudhanshu Dhulia and Joymalya Bagchi Said that “there is no question that this issue is an important and goes to the right to the root and vote of democracy.”
In a three -hour long hearing, the bench admitted that the EC, as a constitutional body, the people’s Act, 1951 (RPA), is well -wide powers and the court will not stop the EC. However, SC also clarified that the process would be subject to judicial intervention.
On the issue of citizenship, the bench noticed that it was a dispatch of the Ministry of Home Affairs to determine if a person is a citizen.
The bench said, “Citizenship is not by the Election Commission of India, but an issue determined by the Ministry of Home Affairs,” when EC lawyer, senior advocate Rakesh Dwivedi defended the commission’s decision, defended the decision to exclude the common as a valid document.
EC lawyers cited Article 326 of the Constitution, which makes voting mandatory on the basis of adult suffrage. “Pre -condition for adult suffrage is citizenship,” Dwivedi argued.
However, the bench then noticed that if the EC wants to ensure that only citizens are only on the electoral roll, it should “start the process long ago.”
Compiring, the court raised questions about the time of practice and inquired whether it could be removed from Bihar elections.
“Your decision, to disintegrate a person already present on the electoral roll in 2025, will force this person to appeal against () and go through this entire Rigmarol and thus denied his right to vote in the upcoming election. You are not wrong.
“Even if you ask for these documents immediately, I will not be able to produce it anymore, look at practicality, look at the timeline,” said Justice Dhulia.
The judges also asked the EC questions on this process, which will follow it in case of disintegration of a voter. “If a ‘summary amendment’ under the representation of the people of the people asks for an oral hearing before removing the voter from the electoral roll, can it be said that the ‘intensive’ amendment cannot cause that process?” Justice Dhulia asked.
According to the rules in the RPA, in all cases of the proposed voter deletion, a notice is given to the voter, except for the confirmed deaths, which gives them a reasonable opportunity for hearing.
SC also, in its order, asked EC to explain that Aadhaar, Election Photo Identity Card (Voter Card issued by EC) and ration cards cannot be accepted as valid documents in the SIR process. This potentially increases the scope of the 11-diamond list which has closed widespread nervousness and confusion on the ground.
2025 Voter Update (T) Voter List Exclusion Process (T) EC Intensive Amendment Bihar (T) Aadhaar ID (T) SC Flag EC EC Voter Voter Valid
