The Supreme Court on Thursday indicated that the Election Commission of India (ECI) may need to justify the process followed in the Special Intensive Revision (SIR) of electoral rolls, as the Court continued hearing a series of petitions challenging the legality of the exercise.
Bench Says It Will Independently Interpret the Law
A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi, hearing arguments through the afternoon, said it would interpret the statutory provisions independently and not solely based on what the ECI had done. The matter will now be heard on Tuesday, according to reports by Live Law and Bar & Bench.
Petitioners Challenge En Masse Verification Under Article 324
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The challenge centres on whether the ECI can conduct an en masse verification of voters under Article 324 of the Constitution when the Representation of the People Act (RP Act) and the rules framed under it provide for an individual, constituency-based revision. Senior Advocate Abhishek Manu Singhvi, appearing for PUCL and several political parties, argued that the SIR format and process must arise from delegated legislation, not from the Commission’s internal instructions.
“This is lack of jurisdiction I am arguing,” he said, adding that the ECI was drawing powers from Article 324 in a manner not permitted by law.
“RP Act Occupies the Field,” Says Singhvi
Singhvi submitted that the Constitution requires the Commission to function within the framework set by Parliament under Article 327, and that the RP Act occupies the field. “324 is trumped by the law made under 327,” he argued, emphasising that Parliament never intended to allow a State-wise, en masse verification. He added that the new requirement of filling forms and producing specific documents was “substantive” in nature and could not be introduced without proper rules.
SIR Rollout Across States Triggers More Challenges
The ECI has extended the SIR to several other States and Union Territories, including Tamil Nadu, West Bengal and Kerala, prompting fresh petitions. The Court issued notice in those matters on November 11. Political parties, including CPI(M), CPI and IUML leader P.K. Kunhalikutty, have also challenged the validity of the SIR.
Separate Hearings Scheduled in Multiple States
Separate hearings on petitions concerning the SIR in Kerala, Tamil Nadu and West Bengal are scheduled for December 2, 4 and 9, respectively.
ECI Rejects Claims of “Fear-Mongering”
During earlier hearings, the ECI’s counsel had accused political parties of engaging in needless fear-mongering about the SIR process.
