The Supreme Court has clarified that not being registered in the voter lists cannot be considered proof of not being a citizen.

The Supreme Court's Wednesday verdict on the Special In-Depth Revision (SIR) of the electoral rolls is a major setback for the socio-political forces that have been trying to challenge the legality of every move of the Election Commission of India (ECI). A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi said in its verdict that the ECI "has the power to revise the electoral rolls and the validity of the revision exercise cannot be invalidated on the ground that the ECI had committed some lapses during the earlier exercise."

The judgment also said that “the rectification campaign is conducted in accordance with the provisions of the Representation of the People Act, 1950 and cannot be considered as a violation of Article 21(3) of the Constitution of India. The rectification of electoral rolls does not undermine the concept of free and fair elections but rather safeguards it: its inclusion in the Constitution is made for this very purpose.” In this context, the Division Bench’s observation that “SIR breathes new life into the Constitution, does not harm it.” It is difficult to say at
present how much the above judgment will pacify the controversies related to the special in-depth rectification campaign.

However, the initial reaction of Yogendra Yadav, a prominent critic of the reform movement and political activist, was that it had become clear to him in August last year (during the Bihar assembly elections) what the Supreme Court's decision would be. That is why he did not consider it appropriate to go to the Supreme Court on Wednesday despite being a petitioner. Such statements cannot be considered 'fair play'. But the beauty of democracy is that here one can easily find people who appreciate every opinion.

Apart from Yadav, the other petitioners challenging the validity of the SIR were: Association of Democratic Rights (ADR), People's Union of Civil Liberties (PUCL), Trinamool Congress MP Mahua Moitra and Rashtriya Janata Dal leader Manoj Kumar Jha. They had filed their respective petitions against the special deep cleansing campaign launched before the Bihar assembly elections last year. The main allegation in these petitions was that the campaign was launched to disenfranchise existing voters instead of creating new voters.

Similarly, even before the West Bengal assembly elections, this campaign was strongly opposed by the then ruling Trinamool Congress Party (TMC). This complaint is still heard that through this campaign, the right to vote was taken away from 91 lakh voters and this factor became the 'main reason' for the defeat of TMC in the assembly elections. It is a different matter that the rapid return of Bangladeshi people from West Bengal and other parts of the country to Bangladesh is proof of the truth of these allegations to some extent that the infiltration of Bangladeshis during the TMC's rule was patronized by the state government. 

SIR. While validating the Supreme Court has clarified that non-enrolment of a name in the electoral rolls cannot be considered as proof of non-citizenship. The Election Commission is not the one to decide on citizenship. This decision falls under the jurisdiction of the Union Home Ministry and every suspicious case should be referred to it. Similarly, in case of non-enrolment of a name in the electoral rolls of 2002 or 2003, it is the responsibility of the Election Commission to decide which documents are to be called as proof of being an Indian voter.

Yes, the approach of the Commission should be that there is no undue hardship on the citizens in collecting the required documents. The decision of the Supreme Court is going to give a boost to the campaign for thorough revision of the voter lists in many other states including Punjab. Assembly elections are to be held in at least 10 states during the first or second half of the year 2027. If these elections are held according to the revised voter lists, it is in the best interest of the country and the citizens as well.