The results of the ongoing ‘special intensive revision’ of the Bihar voter list can be set aside – as late as September – if illegality is proven, the Supreme Court said Tuesday afternoon.

The court was hearing a clutch of petitions challenging the Election Commission’s voter re-verification exercise, which is taking place just months before the Assembly election in Bihar.

During the hearing petitioners questioned the constitutional premise of the exercise, pointing out the Election Commission – which had demanded documents (excluding the Aadhaar and its own ID card) proving citizenship – does not have the authority to decide on that matter.

Citizenship, the petitioners argued, was the jurisdiction of the Indian government, specifically the Union Home Ministry. “They (i.e., the Election Commission) say Adhaar is not enough to determine citizenship… but they don’t have the authority to decide citizenship. The court had said they only need to ascertain identity of voters…”