The Election Commission has maintained that any direction to conduct Special Intensive Revision (SIR) of electoral rolls at regular intervals across India would encroach upon its constitutional mandate, the poll panel told the Supreme Court in a counter-affidavit.
Filing the response to a plea by advocate Ashwini Kumar Upadhyay, the EC stressed that it holds “complete discretion” over the policy of electoral roll revisions, to the exclusion of any other authority. The plea had sought directives for SIR exercises to be conducted periodically nationwide, particularly before elections, to ensure that only Indian citizens determine the country’s polity and policy.
The affidavit highlighted the Commission’s July 5, 2025, communication to chief electoral officers (CEOs) of all states and Union Territories, except Bihar, directing immediate pre-revision activities for the SIR of electoral rolls, with January 1, 2026, as the qualifying date.
Under Article 324 of the Constitution, the affidavit noted, “the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to parliament and to the legislature of every state are vested in the EC.” The Commission added that the apex court has consistently interpreted this provision as granting plenary powers to the EC, even in areas where the statutory framework is silent or insufficient.
Also read: SC to resume hearing on petitions against Bihar SIR
Referring to the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960, the EC underscored that it alone decides whether a summary or intensive revision is appropriate based on prevailing circumstances. Section 21 of the Act provides for preparation and revision of the rolls, while Rule 25 leaves the timing and type of revision to the Commission’s discretion.
The affidavit emphasised that the SIR in Bihar, the first since 2003, was conducted to remove deceased voters, duplicate entries, and illegal immigrants. The process reduced registered voters from 7.9 crore to 7.24 crore. On September 8, the Supreme Court directed that Aadhaar must be accepted as an identity proof during the SIR in Bihar, clarifying that it does not serve as proof of citizenship.
The EC also convened a conference of all state and UT CEOs in New Delhi on September 10 to oversee the ongoing revisions. “The EC is fully cognizant of its statutory responsibility to maintain the purity and integrity of the electoral rolls,” the affidavit said, seeking dismissal of the plea.
Follow us
