New Delhi, Sept 13 — The Election Commission of India (EC) has told the Supreme Court that any directive to conduct Special Intensive Revision (SIR) of electoral rolls at regular intervals nationwide would “encroach” upon its exclusive jurisdiction. In a counter-affidavit, the poll panel stressed it has “complete discretion” over the timing and nature of revisions.
The affidavit was filed in response to a plea by advocate Ashwini Kumar Upadhyay, who sought a court direction for SIR exercises across India before elections to ensure only Indian citizens participate in the democratic process.
The EC noted that its July 5, 2025, letter to all chief electoral officers (CEOs), excluding Bihar, instructed the initiation of pre-revision activities for SIR with January 1, 2026, as the qualifying date. The poll panel stressed that it is constitutionally and statutorily empowered to oversee the preparation and revision of electoral rolls. “Any direction to conduct a ‘SIR’ at regular intervals throughout the country would encroach upon the exclusive jurisdiction of the ECI,” it said.
Under Article 324 of the Constitution, the EC holds the superintendence, direction, and control of elections to Parliament and state legislatures. The affidavit stated that the Supreme Court has consistently interpreted this provision as granting plenary authority to the EC, including in areas where statutory guidance may be silent.
The panel cited provisions under the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960, which allow it to decide whether an intensive or summary revision is appropriate. “On a bare perusal of Section 21, it is apparent that the obligation to conduct a revision of the electoral roll is not couched within a timeline, but is a general obligation which is to be met before each general or legislative assembly election, or before each bye-election to fill a casual vacancy,” the EC said.
Rule 25 of the Registration of Electors Rules, 1960, similarly vests discretion with the EC regarding the type of revision. The affidavit sought dismissal of Upadhyay’s plea, emphasizing that the Commission is fully aware of its responsibility to maintain the purity and integrity of electoral rolls.
The SIR in Bihar, the first since 2003, began with a June 24 notification and concluded with the final roll scheduled for September 30. Following the exercise, the number of registered voters in the state fell from 7.9 crore to 7.24 crore. The top court, while allowing the use of Aadhaar as one of the identity proofs, clarified it would not serve as proof of citizenship, though the EC may verify its genuineness.
The SIR exercise in Bihar has sparked political controversy, with opposition parties alleging it is aimed at disenfranchising eligible voters. The EC maintained that the purpose of SIR is to remove deceased voters, duplicates, and illegal entries, ensuring the integrity of the electoral roll.
The EC also convened a conference of all state and UT CEOs in New Delhi on September 10 to review implementation measures and compliance following its July 5 directive.
