Supreme Court Upholds Bihar Voter List Revision Process, Says SIR Is Constitutional

The Supreme Court has upheld the validity of Bihar’s Special Intensive Revision (SIR) of the voter list, ruling that the Election Commission acted within its constitutional powers and that the process followed legal procedures.

In a major verdict on Wednesday, the Supreme Court dismissed challenges to Bihar’s Special Intensive Revision (SIR) of electoral rolls, stating that there was “no flaw” in the process and affirming the Election Commission’s authority to conduct such an exercise.

A bench headed by Chief Justice Surya Kant ruled that the SIR process was carried out in accordance with constitutional provisions and legal safeguards. The court observed that the Election Commission has the authority to revise voter lists and determine voter eligibility under the Constitution and the Representation of the People Act, 1950.

The petitions had questioned whether the Election Commission had the power to carry out a large-scale revision exercise, arguing that the process resembled an NRC-like citizenship check. However, the apex court clarified that the SIR exercise was not aimed at determining citizenship but only at assessing whether an individual was eligible to remain on the voter list.

The court also upheld the Election Commission’s right to refuse voter registration or remove names from electoral rolls if legal requirements are not met. However, it stressed that due process, including notices and an opportunity to be heard, must be followed.

Addressing concerns over citizenship verification, the Supreme Court said that the Election Commission did not decide anyone’s citizenship status during the SIR exercise. It directed that cases involving suspected non-citizens whose names were removed should be referred to relevant authorities, including the Ministry of Home Affairs and Foreigners Tribunals, within four weeks for a final decision.

The verdict is expected to have significant political implications ahead of upcoming elections in Bihar, while reaffirming the constitutional powers of the Election Commission.

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