No confusion in law: Supreme Court on concerns of SIR deletions leading to denial of benefits in West Bengal

The Supreme Court on Friday adjourned to August a petition related to the aftermath of Special Intensive Revision (SIR) of electoral rolls in West Bengal, stating that it had already clarified the law that Election Commission of India (ECI) cannot determine citizenship.

A Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana made the observation after Senior Advocate Gopal Sankaranarayanan submitted that after exclusion of voters from electoral rolls, they were being denied benefits of schemes like public distribution system (PDS), caste certificates.

"We indicated in Bihar SIR that there is a corresponding duty on ECI that when tribunal says cannot be on SIR list, ECI has to refer to ministry for determination of citizenship under the citizenship act," Justice Bagchi said.

The Court added that ECI is not a constitutional authority concerning determination of citizenship.

"There Is no confusion in law.. ECI has control and superintendence over electoral roll," Justice Bagchi said.

The Court also said that those affected can approach the High Court.

The Court was hearing a petition related to the functioning of appellate tribunals in West Bengal.

Sankaranarayanan said that the manner in which the 19 tribunals were functioning was causing discrepancy and delays at a practical level.

"33.5 lakh appeals are pending and [out of] the disposed off one [report] shows that 70 percent are allowed. So in the meantime they are decided... They are ousted from PDS and other schemes. Municipal elections in October. Such ouster will continue," the senior counsel said.

He added that passport should be a clear pass for citizenship.

The Court listed the case along with other pending cases of West Bengal SIR on August 25.

Lakhs of voters in West Bengal were prevented from exercising the right to vote in the recent assembly elections in West Bengal as they stood excluded from the electoral roll during the SIR. Their appeals remained pending before appellate tribunals set up on the orders of the Supreme Court which earlier refused to halt the process.

In May, the top court affirmed the ECI's power to conduct SIR of electoral rolls. However, it also said that the ECI can examine whether a person is an Indian citizen for the limited purpose of deciding whether that person should be included in voter rolls.

In cases where the Commission is not satisfied that a person fulfils the statutory conditions for inclusion in the electoral rolls, it can refer such an individual to the competent authority of the Central government for adjudication in accordance with law, the Court had ruled.

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