INDIA bloc challenges SIR process but not its validity | India News
NEW DELHI: Why did opposition INDIA bloc, after making special intensive revision (SIR) of electoral rolls the central point of its attack on Election Commission and govt, give up the challenge to the constitutional and statutory validity of SIR in their joint writ petition before Supreme Court?Opposition members, led by LoP Rahul Gandhi, stated in the petition that they were not challenging SIR’s validity in view of the SC judgement on Bihar SIR, which was conducted by EC based on its June 24, 2025, decision.That could be because SC in its May 27 judgement had examined the following questions – whether EC had the power to conduct SIR, whether SIR had a legitimate purpose and the process was proportionate to the object to be achieved, and whether the SIR procedure was contrary to Representation of the People Act and Registration of Electors Act, 1960 – and found there was nothing amiss in SIR’s conduct or the process adopted to achieve the objective of weeding out voters who have died, shifted base or duplicate voters.SC had categorically ruled that SIR exercise “neither stands in direct conflict with RP Act and the 1960 Rules, nor does it detract from the constitutional imperative of free and fair elections”.It had said, “The impugned SIR exercise, as conducted, satisfies requirements of proportionality. 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.”Since the judgement was of May 27, and attained finality as no one sought its review or correction, the INDIA bloc petitioners could not have challenged SIR’s validity, thus limiting their challenge to alleged irregularities in the process of SIR and large-scale deletion of voters without giving them proper opportunity to rebut deletion.SC, in its five-month-old judgement, had said, “The statutory framework of RP Act itself provides for a situation where EC may direct a special revision under Section 21(3), in such manner as it may think fit and for reasons to be recorded.”It also said “a reading of the impugned order, dated June 24, 2025, reveals EC has recorded the basis” on which it decided to conduct SIR. “We are equally satisfied that, in its object and design, the impugned SIR bears a direct nexus to the constitutional goal of a free and fair election. Free and fair elections do not rest merely upon the mechanics of polling. They equally depend upon the integrity, accuracy and purity of the electoral roll which forms the foundation of the democratic process,” it had said.
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“The impugned SIR, therefore, is not a process designed to subvert the established procedure, but one intended to secure the constitutional mandate of free and fair elections by ensuring the roll on which election rests is accurate and reliable,” it had said, adding SIR had a direct nexus with the object of ensuring purity and accuracy of the electoral roll.
