• About us
  • Contact us
  • Our team
  • Terms of Service
Saturday, November 14, 2026
Kashmir Images - Latest News Update
Epaper
  • TOP NEWS
  • CITY & TOWNS
  • LOCAL
  • BUSINESS
  • NATION
  • WORLD
  • SPORTS
  • OPINION
    • EDITORIAL
    • ON HERITAGE
    • CREATIVE BEATS
    • INTERALIA
    • WIDE ANGLE
    • OTHER VIEW
    • ART SPACE
  • Photo Gallery
  • CARTOON
  • EPAPER
No Result
View All Result
Kashmir Images - Latest News Update
No Result
View All Result
Home NATION

EC terms SIR fair, just, reasonable; urges SC to reject pleas against electoral rolls revision

Press Trust of india by Press Trust of india
January 22, 2026
in NATION
A A
0
Nomination of 35 candidates rejected for first phase of J&K Assembly polls
FacebookTwitterWhatsapp

New Delhi: The Election Commission on Thursday termed the decision to undertake Special Intensive Revision (SIR) of electoral rolls “fair, just and reasonable”, and urged the Supreme Court to reject pleas challenging the exercise in Bihar.

It argued that a roving and fishing enquiry into the special scrutiny cannot be done at the behest of a few NGOs and politicians.

More News

Young, Henry wreck India to power NZ to 244-run win in 4th ODI

Centre extends ban on Zakir Naik’s IRF for 5 years; Amit Shah says his group promotes ‘venomous ideology’

Proof of allegations against Modi on my phone, which PM taps: Rahul

Load More

“None of the 66 lakh persons, whose names were deleted in Bihar SIR, came to this court or high court or filed pleas with the Election Commission. A roving and fishing enquiry cannot be permitted at the instance of ADR (Association for Democratic Reforms) and the PUCL (People’s Union for Civil Liberty) and a few parliamentarians,” said senior advocate Rakesh Dwivedi on behalf of the poll panel.

The submissions were made by the senior lawyer during the final hearing on a batch of petitions challenging the Election Commission’s decision to undertake SIR in different states, including Bihar.

Referring to a judgment in which the top court had refused a plea seeking re-introduction of paper ballot and discarding the EVMs, he said, “In short, we must follow Europe. If they go for EVMs, then we must go for it. And if they go for a paper ballot, then we go for it.”

He said one person writes an article in a newspaper, and the other files a petition in the top court referring to that.

Dwivedi urged the bench of Chief Justice Surya Kant and Justice Joymalya Bagchi to dismiss the pleas with cost while defending the SIR as a lawful and transparent exercise of statutory powers under the Representation of the People Act, 1950.

He argued that once the Election Commission invokes its powers under Section 21(3) of the 1950 Act, the manner and procedure of conducting a special revision are left entirely to its discretion.

Dwivedi argued that Section 21(3) operates independently of Section 21(2), which governs routine and periodical revisions. “There is no compulsion under Section 21(3) that every SIR must be identical in nature,” he said.

He said the SIR exercise had not been undertaken for nearly 20 years in Bihar and was conducted in response to changing demographic realities, including urbanisation and population movement.

According to Dwivedi, merely adopting a different methodology or deviating from the manual governing routine revisions could not, by itself, render the exercise suspect or ultra vires.

The CJI, however, observed that if the poll panel’s argument that Section 21(3) grants unfettered discretion were accepted, “the case would end there”.

Dwivedi placed significant reliance on the Citizenship (Amendment) Act, 2003, which, he said, was enacted after the last SIR and introduced stricter requirements for establishing citizenship, including proof relating to parents’ citizenship.

He pointed out that the amendment was passed during the tenure of then prime minister Atal Bihari Vajpayee with bipartisan support, demonstrating legislative consensus on the need to examine citizenship due to increasing cross-border migration.

Justice Bagchi questioned whether the amended citizenship framework was a trigger for the present SIR, noting that the Election Commission’s order did not explicitly cite trans-border or illegal migration as its basis.

“The word ‘migration’ ordinarily refers to lawful movement. Inter-state migration is a constitutional right,” Justice Bagchi observed, adding that if the SIR was being defended solely as a roll revision exercise after two decades, the larger question of citizenship determination might not arise at all.

Dwivedi responded that the amendment had never been operationalised earlier and that the present SIR provided an appropriate opportunity to take note of the changed legal framework.

He clarified that the objective was to examine citizenship within the contours of Article 326 of the Constitution, which guarantees adult suffrage.

Emphasising transparency, Dwivedi said that Booth Level Agents (BLAs) conducted house-to-house verification, over five crore SMS alerts were sent to voters, and the process strictly followed procedural safeguards.

Nearly 76 per cent of voters did not have to submit any documents, while others were permitted to furnish one of 11 prescribed documents, he highlighted.

Dwivedi said the SIR could not be labelled as “manifestly arbitrary”.

Justice Bagchi, however, observed that “manifest arbitrariness” had evolved as a facet of substantive due process and was now applicable even to primary legislation.

Dwivedi cautioned against importing American notions of “due process” into Indian constitutional law, remarking that US courts often re-evaluate policy decisions, a practice the Supreme Court has consistently resisted.

“US court judgments have been cited… Where is the US following due procedure of law? President Trump can just pick the President of Venezuela for trial. Where is the due process, and now he wants Greenland also. Here, the petitioners want to import that,” he said.

The CJI said that courts here have occasionally used the phrase “due process” without fully appreciating its American constitutional origins.

The petitioners argue that the SIR’s departure from the “prescribed manner” of revision under Section 21(2) lacks transparency and could lead to the arbitrary exclusion of genuine citizens.

Previous Post

PM Modi to visit Kerala on Friday to launch development projects

Next Post

KIWG 2026: After golden debut in Leh, figure skater Gauri Rai calls for better infrastructure

Press Trust of india

Press Trust of india

Related Posts

Young, Henry wreck India to power NZ to 244-run win in 4th ODI

November 13, 2026

Mount Maunganui: Familiar foe Matt Henry cut open old wounds as India's much-vaunted batting line-up fell apart in the team's...

Read moreDetails

Centre extends ban on Zakir Naik’s IRF for 5 years; Amit Shah says his group promotes ‘venomous ideology’

HC refuses to grant relief to Zakir Naik
November 13, 2026

  New Delhi, Nov 13 (PTI) The Centre on Friday extended the ban on fugitive preacher Zakir Naik's Islamic Research...

Read moreDetails

Proof of allegations against Modi on my phone, which PM taps: Rahul

NDA govt at Centre ‘crippled’; opposition dealt fatal blow to BJP: Rahul Gandhi
November 13, 2026

New Delhi: Upping the ante over his debate dare to Prime Minister Narendra Modi, Congress leader Rahul Gandhi on Friday...

Read moreDetails

Rahul Gandhi ‘habitual liar’: BJP on Congress leader’s phone tapping allegation

Rahul Gandhi ‘habitual liar’: BJP on Congress leader’s phone tapping allegation
November 13, 2026

New Delhi:  The BJP on Friday hit out at Lok Sabha Leader of Opposition Rahul Gandhi over his allegation of...

Read moreDetails

Phone tapping is a reality in India: Prashant Kishor on Rahul’s claims

November 13, 2026

Patna:  Jan Suraaj Party founder Prashant Kishor on Friday claimed that tapping of phones was a "reality" in the country,...

Read moreDetails

India seeks ‘positive’ and ‘forward-looking’ relationship with Bangladesh: MEA

November 13, 2026

New Delhi:  India on Friday said it desires a "positive, constructive and forward-looking" relationship with Bangladesh, remarks that came amid...

Read moreDetails
Next Post

KIWG 2026: After golden debut in Leh, figure skater Gauri Rai calls for better infrastructure

  • About us
  • Contact us
  • Our team
  • Terms of Service
E-Mailus: kashmirimages123@gmail.com

© 2025 Kashmir Images - Designed by GITS.

No Result
View All Result
  • TOP NEWS
  • CITY & TOWNS
  • LOCAL
  • BUSINESS
  • NATION
  • WORLD
  • SPORTS
  • OPINION
    • EDITORIAL
    • ON HERITAGE
    • CREATIVE BEATS
    • INTERALIA
    • WIDE ANGLE
    • OTHER VIEW
    • ART SPACE
  • Photo Gallery
  • CARTOON
  • EPAPER

© 2025 Kashmir Images - Designed by GITS.