Supreme Court hearing on SIR: 140 crore people have to prove they are citizens, says Nizam Pasha

Tamil Nadu seeks extension of enumeration forms phase as many have travelled to Sabarimala and would be back only by Pongal

- ► KALIDAS NEWDELHI

The Supreme Court on Tuesday (December 9, 2025) resumed its hearing on pleas challenging the Election Commission's decision to conduct Special Intensive Revision of electoral rolls.

In its previous hearing, the petitioner side challenging the constitutionality of the Special Intensive Revision (SIR) exercise claimed that the Election Commission of India has morphed into a “despot” that has transformed a “suspicion” about the purity of the electoral roll into a massive countrywide survey which may not only lead to disenfranchisement but also statelessness for many.

The Election Commission (EC), on the other hand, has asserted its authority to “assess citizenship” for registration in electoral rolls. The poll body has maintained that its plenary power to scrutinise citizenship flows directly from Article 324, which empowers it to supervise and control the conduct of elections. It has also contended that the authority of Parliament to make laws on elections under Article 327 must align with the EC’s plenary powers.

'Illegal immigrant' is not a filiative or an affiliative identity. It has to be the result of a judicial application of mind by tribunals, argues advocate Shahrukh Alam.

Mr. Alam questions the locus of the Election Commission to conduct an inquisitorial inquiry into citizenship, when the intention was not stated in the SIR notification itself.

Nizam Pasha further says: This is an en masse exercise. 140 crore people of the country have to prove they are citizens. The SC has declared in the Lal Babu Hussein judgment that only fresh electors need to file a self-declaration of citizenship. In the case of an existing elector, the burden of proof that he or she is not a citizen rests on authorities or individuals who make the claim that the person is a foreigner.

'EC has laid claim to a "parallel" power to the Centre to inquire into citizenship through a mere executive notification'