At heart of SIR dispute is principle of hearing a person before causing harm , Pg15

Key Highlights:

• The Supreme Court is hearing a dispute over the Election Commission's (EC) special intensive revision (SIR) of electoral rolls in Bihar.
• The dispute concerns the deletion of 65 lakh voters from the draft electoral roll published on August 1.
• Petitioners argue the deletion process violates natural justice by presumptively excluding voters without proper inquiry.
• The Supreme Court is examining whether the challenge is about the legality of the SIR procedure or the EC's power to conduct it.

Detailed Insights:

• The core issue is whether the EC's procedure to delete voters provided a reasonable opportunity for them to be heard.
• Section 16 of the RP Act outlines grounds for disqualification, including non-citizenship, unsound mind, and election-related offenses.
• Section 22 of the RP Act empowers an ERO to delete voters after an inquiry, ensuring an opportunity to be heard.
• Rule 21A of the Registration of Electors Rules of 1960 also mandates adherence to natural justice principles for voter deletion.
• The Lal Babu Hussein versus ERO case distinguishes between first-time and existing electors, requiring stronger justification for deleting existing voters.
• The Supreme Court emphasized that the opportunity given to existing voters must be meaningful, with clear reasons for suspecting their citizenship.

Key Concepts Involved:

• Natural Justice: The principle that everyone should be treated fairly in legal proceedings.
• Electoral Roll: A list of people who are registered to vote in an election.
• Representation of the People (RP) Act: Legislation governing the conduct of elections in India.