Tuesday, 02 January 2024 12:17 GMT

Bihar SIR Exercise Will Be Scrapped If Methodology Found Illegal: Supreme Court Warns EC


(MENAFN- AsiaNet News)

The Supreme Court of India has issued a strong warning regarding the Bihar Special Identification and Registration (SIR) exercise. The top court said that if any illegality is found in the Election Commission's (EC) methodology for the SIR process, the entire exercise will be scrapped. A bench of Justices Surya Kant and Joymalya Bagchi, hearing the case against the SIR exercise, said it assumes that the Election Commission, as a constitutional authority, followed all laws and required rules while carrying out the exercise.

SC on Special Identification and Registration

The bench said, "Our judgment on the Bihar SIR will apply to the SIR exercise across India." However, it clarified that it cannot stop the Election Commission from carrying out the same process of electoral roll revision in other states.

However, the court also made it clear that it will not give any partial or piecemeal opinion on the matter. Instead, its final decision will have a nationwide impact on how the SIR is conducted across India. The Supreme Court has scheduled the final hearing on the legality of the SIR exercise in Bihar for October 7. 

Advocate Barun Kumar Sinha on Supreme Court hearing over SIR exercise in Bihar told news agency PTI, "The next date for hearing final arguments has been set as October 7. Since the election process in Bihar is ongoing, the Election Commission will continue its work. If anyone has any grievance, attention will be given to it, but there is no restriction on the Election Commission."

What is Bihar SIR exercise

The Bihar SIR exercise aims to identify and register eligible voters ahead of upcoming elections. However, concerns have been raised about the fairness and transparency of the method used by the Election Commission.

During the hearing, the Supreme Court emphasised that constitutional values of free and fair elections must be strictly followed. It made it clear that no unlawful or biased practice would be tolerated in the electoral process.

This statement by the Supreme Court is seen as a major move to ensure accountability and transparency in the election preparation process in Bihar. The final decision will depend on a detailed examination of the EC's approach and the objections raised in court.

Earlier, the Court had directed that the Aadhaar Card can be accepted as a '12th document' for proving the identity of voters. However, this is allowed only after verifying the Aadhaar's authenticity, and it cannot be used as proof of citizenship.

The Election Commission of India (ECI) filed an affidavit saying it has sent instructions to the Chief Electoral Officers of all States and Union Territories, except Bihar, to start preparations for the Special Intensive Revision (SIR) of electoral rolls. The qualifying date for this exercise has been set as January 1, 2026.

(With agency inputs)

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