The SIR verdict, serious constitutional questions, Pg8

Key Highlights:

• On May 27, 2026, the Supreme Court of India upheld the Election Commission of India's (ECI) power to conduct a "limited" inquiry into citizenship for inclusion or exclusion of names in electoral rolls during the Special Intensive Revision (SIR).
• The ECI initiated a fresh SIR in Bihar on June 24, 2025, effectively questioning electoral rolls from 2003 to 2025.
• The Court clarified that the ECI's power affects an individual's entitlement to be on the electoral roll but does not determine citizenship in a "strict sense" or divest claims of citizenship.
• Assembly elections in Bihar (November 2025) and West Bengal (April 2026) were held following the SIR exercise, which led to mass deletions and inclusions of voters.
• The SIR exercise has reportedly led to the deletion of 130 million names from electoral rolls as of October 2026, with an estimated 150 million "missing voters" compared to the adult population.

Detailed Insights:

• The SIR in Bihar superseded the Special Summary Revision (SSR) published on January 6, 2025, raising concerns about the unsettling of crystallized electoral rolls.
• The Court's verdict did not specify documents for conclusive proof of Indian citizenship, though it noted that a passport or birth certificate could serve as such.
• This observation by the Court contrasts with the Ministry of External Affairs' statement on June 24, 2026, that a passport is merely a travel document and not proof of Indian citizenship.
• Critics argue that the ECI's role in preparing electoral rolls should be strictly ministerial, limited to ensuring adult Indian citizens are included, without conducting citizenship inquiries.
• The author contends that the verdict grants the ECI unguided discretion to remove names from existing electoral rolls based on "suspicious Indian citizenship," potentially disenfranchising voters.
• The article suggests that the Supreme Court could have used its extensive powers under Article 32, Article 141, Article 142, and Article 144 to specify documents for proving Indian citizenship.
• Article 326 of the Constitution outlines specific grounds for disqualification from voting, such as non-residence, unsoundness of mind, crime, or corrupt practices, but not doubts about citizenship.
• The right to vote, while generally considered a statutory right, is central to representative democracy and is argued to be a basic feature of India's Constitution, as established in landmark judgments like Kesavananda Bharati vs State of Kerala (1973).
• The SIR process has faced protests and challenges, with civil society groups and opposition parties raising concerns about mass disenfranchisement and the exercise functioning like a "backdoor" National Register of Citizens (NRC).

Key Concepts Involved:

• Special Intensive Revision (SIR): A comprehensive exercise by the ECI to verify and update electoral rolls, often involving house-to-house enumeration and fresh verification of eligibility, including citizenship.
• Special Summary Revision (SSR): A routine, annual administrative exercise conducted by the ECI to update existing electoral rolls by adding new voters, updating residential shifts, and deleting deceased or duplicate entries.
• Election Commission of India (ECI): A constitutional body established under Article 324 responsible for the superintendence, direction, and control of elections, including the preparation of electoral rolls.
• Basic Structure Doctrine: A judicial principle established in Kesavananda Bharati vs State of Kerala (1973) that states Parliament can amend the Constitution but cannot alter its fundamental features.
• Article 326: Constitutional provision stating that elections to the House of the People and State Legislative Assemblies shall be on the basis of adult suffrage, with specific grounds for disqualification.