New Delhi, May 27 Following are the key highlights of a significant verdict of the Supreme Court which on Wednesday upheld the powers of the Election Commission to conduct a Special Intensive Revision (SIR) of voter rolls.
*A bench of CJI Surya Kant and Justice Joymalya Bagchi holds that SIR exercise in Bihar neither stands in direct conflict with the Representation of People Act and the 1960 Rules, nor does it detract from the constitutional imperative of free and fair elections.
* The SIR, as conducted, satisfies the requirements of proportionality, says SC.
*The measures adopted bear a rational nexus to the objective sought to be achieved, are not manifestly excessive, and are accompanied by sufficient procedural safeguards to prevent arbitrary exclusion, says SC.
*The SIR exercise was founded upon a legitimate and constitutionally grounded purpose, namely, the restoration of the accuracy, completeness, and integrity of the electoral rolls, says SC.
*SC considers the nature of the problem sought to be addressed, the scale of the exercise undertaken, and the procedural safeguards incorporated during its implementation and holds that measures adopted by EC were not disproportionate.
*SC says the documentation regime prescribed by the EC represents a considered exercise of its administrative discretion in furtherance of its Constitutional mandate.
*SC says classification of documents, including the exclusion of certain categories, is based on intelligible criteria having a direct nexus with the objective of ensuring the integrity of the electoral roll.
*SC says EC is empowered to undertake a limited enquiry into citizenship for the purpose of ascertaining eligibility for inclusion in the electoral roll.
*SC, however, says such an enquiry does not amount to a determination of citizenship in the strict sense.
*SC says citizenship issue has to be finally adjudicated upon by the competent authority of central government under the Citizenship Act.
*SC says EC shall refer cases within four weeks to the competent authority under the Citizenship Act of those whose names have been deleted from electoral rolls.
*SC says the competent authority shall take the necessary decision in accordance with law, preferably before the next parliamentary, assembly, local body elections, whichever is earlier, after giving notice and an opportunity of hearing to the deleted individuals, if any.
*SC says if competent authority holds that such deleted individuals are citizens then they shall be included in the electoral roll.
