Supreme Court Upholds ECI's Right to Conduct State-Wide SIR in Bihar, Citing Common Reasoning Across Constituencies

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The Supreme Court has ruled that the Election Commission of India (ECI) cannot be faulted for conducting a special intensive revision (SIR) across the state of Bihar if the reasoning behind the exercise is the same for all constituencies. The bench, comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, said that as long as the process is fair and transparent, the ECI has the power to conduct the exercise, even if it's state-wide. The court was hearing a batch of petitions challenging the SIR exercise in Bihar, with senior advocates Kapil Sibal and Abhishek Manu Singhvi arguing that the exercise is unconstitutional as it involves determining citizenship, which is not the ECI's job. They also pointed out that the Representation of Peoples Act, 1950 (ROPA) permits special revision of rolls, but only on a constituency-specific basis. However, the bench countered that if the ECI has a common reason for conducting the SIR exercise across all constituencies, it would be discriminatory to pick and choose certain constituencies. They further stated that if the reasons for the exercise are valid, the ECI will have to conduct it for every constituency in the state. The court also noted that the SIR exercise is not a routine updation of electoral rolls, but a special revision that requires careful consideration. The bench has posted the matter for further hearing on Tuesday. The SIR exercise has been conducted in several states, including Tamil Nadu, Kerala, West Bengal, Uttar Pradesh, and Puducherry, and has been challenged in the top court. The court's ruling is seen as a significant development in the debate over the ECI's powers and the constitutionality of the SIR exercise.