Multiple documents allowed in Bihar SIR voter friendly: SC

The Supreme Court ‘on Wednesday observed that the Election Commission of India’s (ECI) decision to expand the list of acceptable documents for proof of citizenship under the special intensive revision (SIR) in Bihar seemed “voter-friendly” and gave electors more options to establish eligibility.

- Utkarsh Anand

Abench of justices Surya Kant and Joymalya Bagchi observed that asking for only one document could be restrictive, but allowing voters to submit any one of several options was more inclusive. “If they ask for all 11 documents, it is anti-voter. But if any one document is asked for, then...They are expanding the number of documents...it is now 11 instead of 7 items by which you can identify yourself as a citizen,” it remarked.

The bench also pointed out that the list of documents is ordinarily prepared after taking feedback from several government departments to maximise coverage. “This is a battle between a constitutional entitlement and a constitutional right—between ECI's power of superintendence under Article 324 and the electors’ right to vote under Article 326,” said the bench.

The courtis seized of a bunch of petitions challenging the ECI's June 24 directive ordering an SIR ahead of the upcoming Bihar assembly polls. Petitioners—including NGOs, political leaders and activists—have alleged that the process, if left unchecked, could disenfranchise lakhs of legitimate voters and undermine free and fair elections.

Wednesday's discussion in court centred on whether the SIR framework advances inclusion while remaining within the bounds of the law, and whether ECI has the statutory space to tailor procedures for a special revision distinct from an ordinary summary exercise.

Senior advocate Abhishek Manu Singhvi, representing TMC lawmaker Mahua Moitra and some others, argued that the list was not truly inclusive because most of the 11 documents had extremely low coverage in Bihar.