NEW DELHI: Congress general secretary K C Venugopal and RJD MP Manoj Jha on Thursday told Supreme Court that the Election Commission has no power to determine citizenship of a voter, yet through an “unconstitutional” pan-India Special Intensive Revision (SIR) of state electoral rolls is seeking proof of Indian citizenship from voters.Jha’s counsel Kapil Sibal told a bench of CJI Surya Kant and Justice Joymalya Bagchi that the kind of documents that are being sought from voters through enumeration forms under SIR will disfranchise lakhs and lakhs of voters who would not have documents to show their date of birth, landholding ownership or parents birth certificates. “That is why we are insisting that Aadhaar must be the basis for enrolment in voter list,” Sibal said.’Your Future Is Being Stolen’: Rahul Gandhi’s Bold Message to India’s Gen Z For Democratic ChangeFor Venugopal, senior advocate A M Singhvi said the basis and ground for SIR are both wrong. EC is conducting a pan-India SIR when Representation of the People Act empowers it to conduct it for a constituency. The SC asked if the reason for SIR is to eliminate the dead from the voter list, would such a reason confine the exercise to one constituency or all constituencies?Singhvi, also appearing for TMC MP Mahua Moitra and NGO People’s Union for Civil Liberties, agreed with Sibal and said the entire exercise is exclusionary. “EC is conducting this exercise with a figment of imagination that masses of illegal migrants are marauding across India. And, the procedure adopted for conducting this exclusionary exercise is neither prescribed by the Constitution nor the RP Act,” he said.Venugopal’s counsel said, “There had been several revisions of electoral rolls since 2003. On one hand, EC is not asking those whose names figure in the 2003 voters’ list for any document. On the other hand, a voter enrolled after 2003 is being discriminatorily asked to prove everything, including citizenship.””Through this exercise to illegally seek proof of citizenship, EC is converting itself into a citizenship tribunal, which is beyond its constitutional mandate. EC can supplement the process prescribed in the RP Act, but not supplant it,” Singhvi said.Sibal said teachers and other govt employees are engaged as booth level officers (BLOs) who have neither the knowledge nor expertise in scrutinising documentary proofs of citizenship nor are they legally empowered to do so as determination of citizenship is entrusted to the ministry of home affairs.Countering Sibal’s assertion, EC counsel Eklavya Dwivedi said BLOs do not scrutinise documents. This is being done by electoral registration officers, who are SDM-level bureaucrats. Sibal said it is the BLO who scrutinises documents and sends doubtful cases to ERO. The arguments would continue Tuesday.End of ArticleFollow Us On Social MediaVideosIndia Is a Key Ally, Cyprus Assures Strong Push to Finalise India–EU FTA TalksImran Khan Health Rumour: PTI Holds Sit In Outside Adiala Jail, KP CM Sohail Afridi Stages ProtestRam Madhav Challenges ‘No-Religion’ Narrative in White Collar Terror DebateAustralia Says India Is Now A Leading Global Power, Credits PM Modi For Transforming World DynamicsOusted PM Sheikh Hasina Faces Fresh Conviction as Court Awards 21-Year TermPM Modi Announces Major Move Allowing Private Players Into Nuclear Sector To Spur Advanced ReactorsExplained: Why Vikram-I Could Transform India’s Satellite Launch Market And Global Space Leadership‘Pak, Bangladesh, US…’: BJP Alleges Congress Using Foreign ‘X’ Accounts to Set India’s NarrativePakistan’s Adiala Jail Issues Statement On Imran Khan’s Health Amid Viral Death RumoursThe Indrajaal Ranger: India Unveils AI-Enabled Anti-Drone Patrol Vehicle In Hyderabad123PhotostoriesNature’s Ozempic: 5 edibles that ‘mimic’ the popular weight-loss drug with natural benefits5 knee strengthening exercises you can do at homeThese 4 common habits could be destroying your gut lining5 lethal killer animals that are an example of predators behind beauty5 winter foods that naturally mimic OzempicDid Nike just collaborate with ‘Stranger Things’? Here’s how Indians can grab the collectionWhat is the ideal meal to sleep gap time, and why it is important for digestion and better sleepMalayalam cinema legends who made every frame shine with raw talentBollywood gems reviving forgotten tales with fresh heart and magic for a new generation of cinema lovers everywhereFun facts about the ‘Stranger Things’ cast123Hot PicksDelhi AQI TodayNew Labour CodeWorld NewsGold rate todaySilver rate todayPublic Holidays NovemberBank Holidays NovemberTop TrendingToronto Maple LeafsAyesha CurryFuzzy ZoellerCristiano RonaldoStefon DiggsGabrielle UnionVanessa BryantReed Sheppard GirlfriendStephen CurryCandace Owens
NEW DELHI: Congress general secretary K C Venugopal and RJD MP Manoj Jha on Thursday told Supreme Court that the Election Commission has no power to determine citizenship of a voter, yet through an “unconstitutional” pan-India Special Intensive Revision (SIR) of state electoral rolls is seeking proof of Indian citizenship from voters.Jha’s counsel Kapil Sibal told a bench of CJI Surya Kant and Justice Joymalya Bagchi that the kind of documents that are being sought from voters through enumeration forms under SIR will disfranchise lakhs and lakhs of voters who would not have documents to show their date of birth, landholding ownership or parents birth certificates. “That is why we are insisting that Aadhaar must be the basis for enrolment in voter list,” Sibal said.
For Venugopal, senior advocate A M Singhvi said the basis and ground for SIR are both wrong. EC is conducting a pan-India SIR when Representation of the People Act empowers it to conduct it for a constituency. The SC asked if the reason for SIR is to eliminate the dead from the voter list, would such a reason confine the exercise to one constituency or all constituencies?Singhvi, also appearing for TMC MP Mahua Moitra and NGO People’s Union for Civil Liberties, agreed with Sibal and said the entire exercise is exclusionary. “EC is conducting this exercise with a figment of imagination that masses of illegal migrants are marauding across India. And, the procedure adopted for conducting this exclusionary exercise is neither prescribed by the Constitution nor the RP Act,” he said.Venugopal’s counsel said, “There had been several revisions of electoral rolls since 2003. On one hand, EC is not asking those whose names figure in the 2003 voters’ list for any document. On the other hand, a voter enrolled after 2003 is being discriminatorily asked to prove everything, including citizenship.”“Through this exercise to illegally seek proof of citizenship, EC is converting itself into a citizenship tribunal, which is beyond its constitutional mandate. EC can supplement the process prescribed in the RP Act, but not supplant it,” Singhvi said.Sibal said teachers and other govt employees are engaged as booth level officers (BLOs) who have neither the knowledge nor expertise in scrutinising documentary proofs of citizenship nor are they legally empowered to do so as determination of citizenship is entrusted to the ministry of home affairs.Countering Sibal’s assertion, EC counsel Eklavya Dwivedi said BLOs do not scrutinise documents. This is being done by electoral registration officers, who are SDM-level bureaucrats. Sibal said it is the BLO who scrutinises documents and sends doubtful cases to ERO. The arguments would continue Tuesday.
