Sunday, January 25

Supreme Court Observes “Illegal Migrants” Not Explicitly Mentioned in SIR, Election Commission Agrees

New Delhi: The Supreme Court on Thursday noted that the Election Commission’s Special Intensive Revision (SIR) order did not explicitly state that the exercise was also aimed at identifying illegal migrants. The court observed that the directive did not clearly mention citizenship verification as one of its objectives.

Election Commission’s lawyer Rakesh Dwivedi acknowledged the court’s observation, agreeing that the order contained no direct reference to this. Dwivedi emphasized that the SIR process was fair, transparent, and impartial, countering claims that it was arbitrary. He pointed out that during the process in Bihar, names of 6.6 million individuals were removed, but none had approached the Supreme Court or High Court, nor submitted petitions to the Election Commission.

On Comparing with US Law
Petitioners had cited the “due process” provisions of US law. The Election Commission responded that such foreign practices cannot be directly applied to India, noting inconsistencies even within the US system. Dwivedi highlighted that citing US court decisions was irrelevant, as the political and legal context differed significantly.

Strict Adherence to Security Protocols
Dwivedi further stressed that booth-level agents conducted door-to-door verification, and over 50 million SMS alerts were sent to voters. He assured that security and procedural safeguards were strictly followed throughout the SIR process.

Supreme Court’s Previous Observation
Earlier, on Wednesday, the bench had observed that the Election Commission does not have unlimited powers to amend voter lists. The process must comply with guidelines, transparency, and natural justice principles. The Chief Justice noted that revisions could significantly affect the rights of individuals excluded from voter lists, emphasizing that any such exercise must align with Section 21 of the 1950 Act.


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