The Election Commission of India has informed the Supreme Court that compelling it to conduct special intensive revisions of electoral rolls at regular intervals across the country would amount to an “encroachment” on its exclusive constitutional authority.
In a counter-affidavit filed in response to a petition by advocate Ashwini Kumar Upadhyay, the EC asserted it has “complete discretion” over both the timing and nature of electoral roll revisions. Upadhyay’s petition had urged the court to direct the EC to conduct regular nationwide SIRs, particularly before elections, to ensure that only Indian citizens participate in shaping the nation’s political future.
The EC, however, pushed back, stating, “Any direction to conduct a ‘SIR’ at regular intervals throughout the country would encroach upon the exclusive jurisdiction of the ECI.”
Constitutional & Legal Backing
The EC emphasized that its powers are rooted in Article 324 of the Constitution, which grants it the superintendence, direction, and control over elections and electoral rolls. This provision, the affidavit stated, forms the “bedrock” of the Commission’s authority—even in areas where laws may be silent or inadequate.
The Commission also cited Section 21 of the Representation of the People Act, 1950, which requires electoral roll revisions before general, assembly, or by-elections.
However, it does not prescribe a fixed timeline for such revisions. Rule 25 of the Registration of Electors Rules, 1960, further grants the EC discretion to choose between summary or intensive revisions.
Ongoing SIR Efforts Already Underway
Highlighting its proactive role, the EC mentioned that it had already instructed Chief Electoral Officers (CEOs) across all states and Union Territories—except Bihar—to begin pre-revision work for a fresh SIR, with January 1, 2026, set as the qualifying date. This directive was issued via a letter dated July 5, 2025.
Additionally, the EC convened a national conference of all CEOs in New Delhi on September 10 to review the progress of these revisions.
Bihar’s Controversial SIR Under Scrutiny
The affidavit follows a Supreme Court order on September 8, allowing Aadhaar cards to be used as valid ID proof for Bihar’s ongoing SIR. However, the court clarified that Aadhaar is not proof of citizenship. It also permitted the EC to verify Aadhaar numbers submitted by voters.
This SIR in Bihar, the first since 2003, has stirred political debate. Opposition parties alleged that the revision aims to disenfranchise certain population groups. In its defense, the EC stated the revision was intended to clean up the voter list by removing deceased individuals, duplicate entries, and non-citizens.
According to an EC notification dated June 24, 2025, Bihar’s final electoral roll will be published on September 30. Preliminary results show a drop in registered voters from 7.9 crore-7.24 crore.
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