Before next polls, SC wants SIR exclusion cases decided: A reality check from Assam, Pg10

Key Highlights:

• The Supreme Court on May 27 upheld the legal validity of the Special Intensive Revision (SIR) of electoral rolls by the Election Commission.
• The Court directed that cases of individuals excluded from the electoral roll must undergo citizenship adjudication within four weeks by a Competent Authority.
• Decisions on these cases are to be made preferably before the next Parliamentary, Assembly, or Local Body elections, whichever is earlier.
• Assam serves as a critical example, with over 93,000 'D-voters' (Doubtful Voters) still on its electoral rolls before recent Assembly elections.
• The process of identifying and adjudicating 'D-voters' in Assam has been ongoing since 1997, marked by significant delays and criticisms of Foreigners' Tribunals (FTs).

Detailed Insights:

• The concept of 'D-voters' originated in Assam in 1997 during an intensive revision of electoral rolls, initially marking around 3 lakh individuals.
• The revision process involved Local Verification Officers (LVOs) and Election Registration Officers (EROs), who referred doubtful cases to the Superintendent of Police (SP), then to Foreigners' Tribunals (FTs) or Illegal Migrants Determination Tribunals (IMDTs).
• The IMDT Act of 1983, specific to Assam, was struck down as unconstitutional by the Supreme Court in 2005, leading to all cases being transferred to FTs.
• A key difference is that under the IMDT Act, the burden of proving citizenship was on the complainant, while under FTs, it shifted to the suspected foreigner.
• As of January 31, 2025, the Assam government reported that over 77,000 'D-voters' had been declared Indian, but 1.18 lakh cases remained pending.
• Foreigners' Tribunals have faced criticism for being arbitrary, experiencing long delays, and lacking adequate staff and facilities.
• Individuals declared foreigners by FTs retain the option to appeal to the High Court and Supreme Court.
• The Assam government has recently intensified "pushbacks" or informal deportations of declared foreigners into Bangladesh.
• A Supreme Court order allows individuals who have spent two years in detention centers without case clearance to be released on bail.

Key Concepts Involved:

• Special Intensive Revision (SIR) of Electoral Rolls: A comprehensive exercise by the Election Commission of India to verify and update voter lists, ensuring accuracy and inclusion.
• 'D-voters' (Doubtful Voters): A category of voters in Assam whose citizenship status is disputed and whose names are marked with 'D' in the electoral rolls, barring them from voting.
• Foreigners' Tribunals (FTs): Quasi-judicial bodies established under the Foreigners Act, 1946, primarily in Assam, to determine the citizenship status of suspected illegal immigrants.
• Illegal Migrants Determination by Tribunals (IMDT) Act, 1983: A now-defunct law specific to Assam that aimed to detect and deport illegal immigrants, placing the burden of proof on the accuser.