A hearing was held in the Supreme Court on Monday regarding the Special Intensive Revision (SIR) in Bihar. The court has refused to ban SIR.
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Along with this, the Election Commission has asked- Why is Aadhaar card, voter ID and ration cards not being accepted for voter identity.
The Election Commission said that the ration card cannot be considered. It is made on a very large scale, it is more likely to be fake. ‘
SC said- If the matter is for fraud, then there is no such document on the earth, which could not be copied. In such a situation, what is the basis of your list of 11 documents?
The court has asked the Election Commission to consider the inclusion of these documents and reply by 10:30 am on Tuesday. The court said, ‘Tomorrow we will hear and tell when the matter will be heard in detail.’
65 lakh names withdrew from list
The Election Commission has released the first phase of SIR data on 27 July. According to this, there are now 7.24 crore voters in Bihar. Earlier this figure was 7.89 crores. 65 lakh names have been removed from the list after the voter list revision.
The removed names include those who are no longer in this world or are living anywhere else or whose name was recorded in the two voter list.
Of these, 22 lakh people have died. 36 lakh voters were found to be transferred, while 7 lakh people have now become permanent residents of another area.
Hearing was held in Supreme Court on 24 July
Earlier, in the hearing held on July 24, the Supreme Court had allowed the revision of the voter list before the Bihar assembly elections. The court described it as constitutional responsibility.
In the Supreme Court, a bench of Justice Sudhanshu Dhulia and Justice Joymalya Bagchi questioned the timing of special intensive revision (SIR) i.e. Voter List Revision. The court told the Election Commission that Aadhaar, Voter ID, Ration Card should also be considered an identity card during SIR in Bihar.
According to the bench, no petitioner, including leaders of 10 opposition parties, has not demanded an interim ban on this process of the Election Commission. The Supreme Court sought a reply from the Election Commission by July 21 on the petitions. The next hearing was fixed for 28 July.
RJD MP Manoj Jha, TMC MP Mahua Moitra has filed petitions against SIR. On behalf of the petitioners, lawyers Gopal Shankar Narayan, Kapil Sibal and Abhishek Manu Singhvi examined. The Election Commission was advocated by former Attorney General KK Venugopal, Rakesh Dwivedi and Maninder Singh.
What happened in court in last hearing
The judge said- caste is based on proof, when it is not included, why not Aadhaar, Commission- it is not just based on Aadhaar. Justice Bagchi: Aadhaar has a reliable identity in law, why removed it? Commission lawyer Rakesh Dwivedi: This cannot be a proof of citizenship. Court: If citizenship was to be investigated by intensive review in Bihar, then this work was to start long ago. We have doubts over the completion of the process in the stipulated time. Once the voter list is finalized, we will not be able to come in the middle and there will be no time left to hear the names of those whose names will be cut from the voter list. Advocate Dwivedi: Will be shown before finalizing. Petitioner’s counsel Kapil Sibal: People born after 1950 under Article 10 and 11 are Indian citizens. The Commission does not have the right to decide whether an Indian is or not. This burden cannot be put on the voter. Court: Many can be deprived of votes. Advocate Abhishek Manu Singhvi: It is harmful for democracy to be deprived of a single voter. This is a wrong way to check someone’s citizenship. Justice Dhulia: Caste certificate is based on basis. This is in the list of documents, but the base is not included. Advocate Dwivedi: It is not based on the basis. Sibal: I do not have the responsibility to prove citizenship. Before removing the voter list, they have to show them that they have a document that proves that I am not a citizen. The survey of the Bihar government shows that very few people have certificates. Passport 2.5%, 10th pass certificate 14.71%, forest rights proof, residence proof and OBC proof are also negligible. Birth proof, Aadhaar card and MNREGA are not included. Justice Bagchi: What is the situation about voter ID card (Voter ID)? The petitioner’s counsel Gopal Shankaranarayanan: cannot use it. He has released this only. Justice Dhulia: List of 11 paper not complete. Will you consider Aadhaar? Dwivedi: This is the voter’s own choice of what he wants to give and what not. Justice Dhulia: Okay. Giving a date in July. Meanwhile, the Election Commission will not publish the draft. Dwivedi: Let us publish the draft. You can stop us later. Court order: This matter is related to democracy and right to vote. The petitioners say that the order of June 24 violates the Constitution and the Representation of the Public Representation Act. The Commission says that the last intensive amendment took place in 2003 and now it is necessary. There are 3 main questions in it- 1. What is the right of the Commission to make special intensive amendments? 2. What should be its process? 3. Time limit, which is very low till November. The next hearing will be held on 28 July.
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