SIR row: Have ‘complete discretion’ over policy electoral rolls’ revision, EC tells SC

Asserting its plenary powers under Article 324 of the Constitution, the Election Commission has told the Supreme Court that it has "complete discretion" over the policy of Special Intensive Revision (SIR) of electoral rolls to the exclusion of any other authority.

In an affidavit filed in the top court, the poll panel, however, said "Any direction to conduct a 'SIR' at regular intervals throughout the country would encroach upon the exclusive jurisdiction of the EC."

The EC said it’s vested with constitutional as well as statutory powers to oversee the preparation and revision of electoral rolls.

The affidavit has been filed in response to a PIL by advocate Ashwini Kumar Upadhyay, who has sought a direction to the EC to conduct an SIR of electoral rolls at regular intervals throughout India, particularly before elections, to ensure that only Indian citizens decided the polity and policy of the country.

The poll panel said that through its letter dated July 5, 2025 addressed to all chief electoral officers of states and Union Territories, except Bihar, the commission has directed the initiation of immediate pre-revision activities for SIR of electoral rolls with reference to January 1, 2026, as the qualifying date. The EC had convened a conference of all CEOs of the states and Union Territories at New Delhi on September 10.

The EC said it’s fully cognizant of its statutory responsibility to maintain the purity and integrity of the electoral rolls and, in exercise of its powers under the Representation of the People Act, 1950 and has decided to conduct SIR in different states as envisaged in the SIR order of June 24, 2025 for Bihar.

Under Article 324 of the Constitution, 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 vested in the EC, the affidavit submitted.

"The said constitutional provision forms the bedrock of the Election Commission's plenary authority in all matters relating to the preparation of electoral rolls and conduct of elections," it said.

Article 324 has been consistently interpreted by the top court to confer plenary powers upon the EC in relation to the preparation of the electoral roll and conduct of free and fair elections, including in matters where the statutory framework may be silent or insufficient, the EC said.

The enabling provisions under the Representation of the People Act (RPA), 1950, and the Registration of Electors Rules, 1960, provided it powers to decide if an intensive or summary revision is appropriate, based on prevailing circumstances, the EC said.

Referring to Section 21 of the RPA, the EC said it provided for the preparation and revision of the electoral roll and vests a discretion in the poll panel as regards the timing of the revisional exercise.

"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," it said, seeking dismissal of the PIL.

Referring to Rule 25 of the Registration of Electors Rules, 1960, the affidavit said, "On a bare perusal of Rule 25, it is further apparent that the decision to conduct a summary or an intensive revision of the electoral roll is left to the discretion of the ECI," it said.

On September 8, the Supreme Court on Monday asked the Election Commission to accept Aadhaar as the 12th Document for establishing a person’s identity for inclusion in the electoral rolls during the SIR of electoral rolls in poll-bound Bihar even as it clarified that Aadhaar was not a proof of citizenship and the poll panel was entitled to verify its genuineness before adding applicants’ names to electoral rolls.

On August 1, the EC came out with the 'draft electoral rolls' in Bihar, enlisting 7.24 crore voters. The final electoral roll will be out on September 30, 2025. Of the total 65 lakh voters removed from the draft electoral rolls, 22.34 lakh were dead and 36.28 lakh had permanently shifted or were absent while 7.01 lakh voters were enrolled at more than one places, the EC said.