Justice Abhay Oka Calls for Supreme Court to Reassess SIR Ruling
Former Supreme Court Justice Abhay Oka urges a review of the May 2026 decision on the Special Intensive Revision process, citing legal concerns.
Justice Oka argues that the SIR process allows for illegal voter deletions.
He emphasizes that the Election Commission lacks authority to enforce the enumeration form.
Oka warns that arbitrary enforcement of the SIR could undermine its legality.
Former Supreme Court Justice Abhay Oka has called for the Supreme Court to reconsider its May 2026 ruling that upheld the constitutionality of the Special Intensive Revision (SIR) process for electoral rolls. Oka's comments, made during an interview with BBC Marathi, highlight significant legal concerns regarding the deletion of voters who fail to submit pre-filled enumeration forms.
In his critique, Justice Oka pointed out that the May 2026 judgment, authored by Chief Justice Surya Kant, permits simultaneous revisions of voters' lists across all constituencies, which he argues contradicts the provisions of the Representation of the People Act, 1950. According to Oka, the law stipulates that revisions should occur either intensively or partially, and intensive revisions must be limited to individual constituencies, not conducted simultaneously.
Oka further criticized the guidelines issued by the Election Commission of India (ECI), which state that failure to fill out the enumeration form results in the deletion of names from the draft list. He contended that this practice is illegal, as it is not supported by the 1950 Act or the Registration of Electors Rules, 1960. He asserted that voters can only be removed from the list following a proper legal process, which includes issuing a show cause notice and providing an opportunity for a hearing.
The implications of Oka's statements are significant for the electoral process in India. He emphasized that the ECI does not possess the authority to unilaterally alter voter registration forms, such as Form 6 and Form 8, which must be regulated by the Central Government through parliamentary legislation. Oka's concerns raise questions about the legality of the SIR process and the potential for arbitrary enforcement by the ECI, which could undermine public trust in the electoral system.
Looking ahead, Justice Oka's call for a reassessment of the Supreme Court's ruling could lead to a pivotal legal examination of the SIR process. If the court decides to revisit its earlier findings, it may address the broader implications of voter registration practices and the powers of the ECI, potentially shaping the future of electoral governance in India.
