- The Supreme Court upheld the Election Commission's power to conduct SIR of voter lists
- The court ruled the SIR does not violate any law or constitutional provisions
- SIR is seen as promoting accurate, inclusive electoral rolls and supporting free elections
Big thumbs to Election Commission today from the Supreme Court, which has upheld its power to hold the Special Intensive Revision (SIR) of the voter list. Delivering its much anticipated verdict on the legality of the SIR, the Supreme Court ruled that the Election Commission exercise did not violate any law or Constitutional provisions.
Observing that "SIR is a step towards accurate and inclusive electoral roll", the Supreme Court said that exercise "breathes life into Constitution".
The court further added that the ECI did not act outside the statutory powers by exercising SIR. 'It can't be said ultra vires because the exercise is different from what is ordinary conducted,' the court noted.
"We are equally satisfied that the object sought to be achieved by the SIR bears a direct nexus to the constitutional goal of free and fair elections," the Supreme Court said.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi pronounced the verdict.
The Supreme Court framed the SIR challenge into four questions and then ruled in its favour.
First, whether the SIR was consistent with the constitutional and statutory mandate of the Commission?
Second, If the means adopted by the Commission bear a reasonable nexus with the objectives sought to be achieved?
Third, whether the measures undertaken were necessary and no other alternative existed?
Fourth, whether a fair balance has been maintained between the importance of achieving the stated objective and the limitation imposed upon constitutional rights.
"In the present case, the procedural safeguards introduced both by the Commission and pursuant to the directions issued by this Court from time to time have sought to strike a balance between the need for electoral integrity and the protection of constitutional rights," the court noted.
"The process, as ultimately unfolded, provided multiple avenues for participation, correction and redress," the order added.
The Court ruling has capped the year-long controversy around the SIR. A batch of petitions had challenged the legality of the SIR, that was first undertaken by the ECI in Bihar in June last year.
This is the most significant judicial affrimation of the election commission exercise which has been an issue of fierce political showdown between the panel and opposition parties.
