Bihar Special Intensive Revision (SIR) Case- Supreme Court Hearing-Live Updates

Dwivedi: Mr Yadav may give us the list...we welcome petitioners to give us the list...so things can be rectified...to project Bihar as a poor state, nothing digital, all flooded, no certificates available...it was made to appear as if it's living in dark Ages...first President was from Bihar...it's land of enlightenement

J Bagchi: IT'S THE BIRTHPLACE OF DEMOCRACY ALSO

Dwivedi: please see what we are doing and what havoc has been portrayed. Some counsels tried to bring in some melodrama to project some individuals without affidavits. We don't know who they were, from where they came. Your lordships were told they were shown 'dead'

J Kant: WE HAVE ALREADY FORGOTTEN THAT SCENE. WE GO BY RECORD HERE.

Dwivedi: today, ECI operates in an atmosphere of sharp political [hostility]. Hardly any matter where there's no sharp contest. Coming back to the legal points - we have seen repeated challenge to EVM. Your lordships have upheld powers of the Commission. Prayer sought for returning to paper ballot was rejected. This hue and cry that egregiously wrong steps being taken by Commission...we are caught up between struggle between political parties. If they lose in one state, EVM is bad. I'm not concerned with their perception, but with legality. About perception, we can't do anything. Political parties will have their own necessities to project a perception to win an election.

Dwivedi: Other question is whether we could have taken 2003 as a cutoff. Next, whether it is inclusionary or exclusionary.

One by one, I will refer to the order of SIR as well as rules/provisions. but before that, there are some generalities and one caveat.

Caveat - whatever I submit will be in context of reasonableness and rationality. Not my contention that ECI is omnipotent to do whatever it likes. I don't assume that high pedestal. But ECI has reservoir of power under Art. 324, S.15 and 21(2) and 21(3)...until 1st PM was there, we were all in a euphoric state. There was complete sway of the victorious struggle...when we march ahead of 1967, in many states, certain opposition govts came to be. Congress split up, emergency, Indira Gandhi bounciing back...political contest came out sharply in the open.

Hearing resumes

Dwivedi (for ECI): I must applaud ld. counsels [on the other side] for their contribution. It's a good sign for future point of view. If I look at the span of arguments, they say ECI can't look into citizenship. Then, entitlement to be registered as voter...third is, what is ambit of power of ECI under Art. 324 and ofcourse Art. 14 injects obligation to be fair, reasonable...this is the constitutional canvas projected. The other is, since Parliament has power to make law under Art. 327 to regulate...what is the interplay of the 2 Acts...whether conduct of 1951 Act has any bearing on the exercise of preparation of electoral roll...whether we have power under S.21(3) to engage in SIR...next, even if we have the power to launch exercise, is it compatible with the rules and regulations? whether ECI can modify, tailor it to suit the purpose for which SIR undertaken?

Adv Vrinda Grover: For interim, Form 6 may be considered sufficient. ECI's hostility towards electors is a little baffling

ECI counsel-Sr Adv Rakesh Dwivedi to begin arguments post-lunch.

Adv Rashmi Singh: Reasons need to be provided per constituency. ECI being constitutional body has to not only give reasons, but the reasons should also meet doctrine of proportionality. They have failed on all counts. January summary revision [rendered redundant], substantial public funds spent on it, no reasons given...no reason given for selecting 2003...revisions took place between 2003 and 2025 as well using public funds. Caste survey in Bihar of 2023 showed 1.15% [...] and 0.37% people from Scheduled Castes have access to computers with internet. They are accountable to us, have to give reasons. Another point - exclusion of women, particularly married women.

Adv Fauzia Shakil (for RJD MP Manoj Kumar Jha): this order can be judicially reviewed on grounds of arbitrariness...1 cr migrants in Bihar...please consider (1) the impact of haste of this exercise on them. For 1 cr to upload documents, [in a state with poor digital infra], this is illogical and impractical. (2) feasibility of this exercise when several districts in Bihar impacted by floods. They tend to get worse in September-October. When houses are submerged, expecting the people to participate in exercise like this, shows action is ill-planned and suffers from non-application of mind. (3) 24 days for disposal of claims/objections. If even 1 lakh people file application, how can they be decided in 20 days? This court has said that when there's undue haste, malafides can be assumed. If exercise allowed to go on, many more people will be disenfranchised. (4) on deletion- EC has said it's not required to give list of deleted people and the reasons. Law required EC to conduct enquiry before deletion. Even in cases of death, they have to enquire, look at death certificates. They are suo-motu deleting. This is also contrary to their manual, which says publicity has to be given to the deleted list. Onus is on ECI to advertise. People in Bihar not informed who is deleted. List given to political parties in image format. Not even ECI's case that list is full-proof. We saw the other day people declared dead came before the court. Draft roll has to be kept at polling station

Interim reliefs claimed: De-link this hasty exercise for present election. Aadhaar be accepted. ECI give publicity to deleted list, with reasons. Increase time-line for filing claims/objections.

Dr Chauhan: Aadhaar Card is part of statutory form, but SIR has excluded it. ECI not legally authorized to do that, unless law is amended. They can't change provision by executive order. Enumeration form is not referred to any Rule. This type of power they are exercising is against spirit of law. Prescription of certain document by statute can't be waived off. On that score alone, this Court directed them to consider these documents, but they have refused. ECI has no discretion to deny application of such documents (Aadhaar, etc.)

Dr Chauhan: Statutory appeal provided for by law...30th sept upto 15th oct, I should have time for first appeal...another appeal provides 30 days' time, but in the meantime, election will happen. If they had started exercise 2 months prior, this legal problem perhaps would not have arisen.