In boost to Opposition, SC says Bihar SIR list can be set aside if proved illegal

New Delhi: The Supreme Court said on Tuesday that the results of the ongoing SIR or 'Special Intensive Revision' of the Bihar voters' list can be set as late as September if it is proven that the process was illegal.

While this is not a verdict on the Election Commission's SIR, it can provide a boost to the opposition leaders opposing the SIR. Notably, the statement of the apex court comes at a time when Congress leader Rahul Gandhi has accused the EC of colluding with the BJP to commit 'voter fraud'.

The Bihar Assembly election is going to take place this year, and ahead of that, the ECI's SIR has created a raging storm in the political arena of the country. People have filed petitions in the SC questioning the constitutional premise and the timing of the SIR.

During the hearing on Tuesday, they pointed out that the EC demanding documents apart from the Aadhaar card and voter card to prove citizenship does not have the authority to decide that matter. The petitioners have argued that only the government can decide on citizenship, specifically the Union Home Ministry. "They (i.e., the Election Commission) say Adhaar is not enough to determine citizenship. But they don't have the authority to decide citizenship."

As per senior advocate Abhishek Singhvi, appearing for one of the petitioners, "The court had said they only need to ascertain identity. You cannot have a system where citizenship is doubted for five crore people. The presumption is they are valid citizens unless they (the authorities, in this case, the Indian government) follow procedure and remove them."

So far, the EC has deleted over 65 lakh names from the voters' list in Bihar. It has said that the SIR is meant to remove ineligible voters from the list, including those who have died or no longer live in Bihar, and people registered multiple times.