Bihar electoral roll revision case in Supreme Court: LIVE UPDATES

Bench rises. Arguments to continue after afternoon break.

Singhvi: (Under Bihar SIR) everyone after 2003 is presumptively treated as not on electoral rolls unless they show in the negative. This is a very serious thing. Public interest would be taken care if they do a 1 year exercise, after the elections ... (in earlier similar exercises) they had time, Today, they have done it in few months. Is there any sanctity? Is there one good reason why they can't do it afterwards (after the upcoming Bihar elections)?

Court: This is for inclusion in electoral roll?

Singhvi: Yes, for inclusion for first time, it is only self declaration! Objection can happen.

Singhvi refers to Form 6: This is for inclusion for first time in electoral roll. (On the other hand, in this case) we are talking about 4 crores already in electoral roll. Even when a person goes for becoming a member of the rolls, it is a self declaration only!

Singhvi: What you have done is a very clever sleight of hand.. everyone from (the last several years) are deemed for the time being to not be on the roll at all - you (voter) come and show that you are there. It is 180 degree turn (from earlier position) ... Are you going to do this nice adjudicatory process (of giving notice, hearing objections) in 2 months? It can't be done unless you short circuit natural justice principles

Singhvi: You are making a list right in the nose of the election.. You are putting eleven documents, you are trying to impress somebody with 11 documents.. 3 of the 11 documents, the box is empty without notice. Some are doubtful, some you don't know source, others are highly irrelevant. This impressive so called list of 11 is largely a pack of cards. Plus, you supplant the previous document. There is no overlap, it is supplantation. You supplant Aadhaar, water, electricity bills .. The impressive '11 in number' is actually hollow.

Singhvi: No one is against revision of rolls, have it in December! Spend the whole year on it.

Singhvi: There are rural areas, flood areas in Bihar...What is the point of making a nice list of 11 documents, when 2 or 3 do not even arise? ... Many States in India don't have document no.6. Bihar certainly doesn't.

Court notes that it is encouraging that 36 lakh persons reportedly hold passports in Bihar.

Singhvi says the numbers are skewed.

Justice Kant: Let us not project Bihar this way. In terms of All India services, maximum representation is from this State. Maximum to IAS , IPS, IFS is from there. Cannot happen if the younger population is not motivated.

Singhvi: What is this urgency in July to come up with a half baked scheme, on ad hoc basis? If voter is excluded, it (is civil death).

Court: Let us accept it like this, identify card or pension document or PPO is one of the documents.. If those covered have any other document except PPO, they can also be considered.

Singhvi: There is no expansion of choice.. vast majority of Bihar doesn't have one.

Singhvi makes reply to a Court's query on one of the documents (document number 2) listed by ECI as ID document.

Singhvi noted that ECI has said that "Number of persons holding such document cannot be ascertained."

Singhvi: Amazing, it is a document whose coverage he can't ascertain - who else should ascertain?

Singhvi: They (ECI) are doing mix and match (in listing ID documents), one from here, one from there (but without any regard for how much coverage they have).

Singhvi: Third, see the cumulative impact. Indian Passport has a coverage of less than 1-2 %... What is the nature of the document you want? The nature of the document is it is minimum coverage document. Number 4, all the other documents.. have between 0-3% coverage. This is not Bihar specific, although this case concerns Bihar... The remaining documents are land (related). If you do not have land, documents no. 5, 6, 7 are out. 1 and 2 doesn't exist, Passport is illusory. Residents' certificate does not exist in Bihar. And, I am digressing, see form 6. Form 6 only requires self-declaration.

Singhvi begins reply by stating exclusion of Aadhaar from ID documents is exclusionary.

Singhvi adds: I am answering point wise (referring to point wise list of documents ECI refers to for proving citizenship. Remember, Aadhaar is the one document, for last 15 years, has highest coverage. In Bihar - 50-60%, maybe more, but it is high. Water, electricity, gas tank bills...

Justice Bagchi: An argument was made by a senior counsel that see Rule 4 and see the enumeration form. Rule 4 only specifies a, b, documents, you are asking for x, y documents and can you make enumeration form (that is inconsistent with statute).. If enumeration form includes whatever is in the rule, will it be violation or a more inclusive (version of the firm)?

Justice Kant: If someone says, "all eleven documents are required," it is anti-voter. But what if they say, give any of the eleven?

Court: They are expanding the number of documents (by which people can prove their citizenship so that they are allowed to vote)... We understand your argument on exclusionary aspect with respect to Aadhaar.. But expansion of documents.. is voter friendly. We follow your argument on Aadhaar. But it is now 11 instead of 7 items by which you can identify yourself as a citizen.

Singhvi: It is not simply an expansion.

Singhvi: There are no foreigner tribunals also. In Assam at least they can go there.

Justice Kant: Yes, they have to approach High Court etc. but yes, no civil court.

Singhvi: Please see ECI affidavit in Jharkhand matter in 2024 when they were also conducting summary revision in Bihar.

Hearing begins.

Senior Advocate Dr AM Singhvi: Please see the Lal Babu judgment which I was referring to.