SC questions EC's 'untrammelled powers' on SIR

Says authority can't be an 'unruly horse'

- MPOST BUREAU

The Supreme Court on Wednesday questioned whether the Election Commission of India enjoys "untrammelled powers" to depart from statutory safeguards while undertaking the Special Intensive Revision (SIR) of electoral rolls, warning that such authority cannot be allowed to function like an "unruly horse" beyond the discipline of law.

A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi, hearing a batch of petitions challenging the legality of the SIR exercise in several states including Bihar, said revisions to voter lists can have serious civil consequences and therefore must adhere to the principles of natural justice, including fairness, reasonableness and due process.

The court put several pointed questions to senior advocate Rakesh Dwivedi, appearing for the Election Commission, as it examined whether the SIR process could deviate from the procedures prescribed under the Representation of the People Act, 1950 and the rules framed under it.

The petitioners, which include several opposition parties and the Association for Democratic Reforms (ADR), have repeatedly argued that the Election Commission is not following its own rules and is implementing an SIR framework that departs from established statutory mechanisms for the preparation and revision of electoral rolls.