Supreme Court Upholds EC’s Power to Conduct Special Intensive Revision of Electoral Rolls.
New Delhi:
In a significant judgment reinforcing the constitutional mandate of free and fair elections, the Supreme Court on Wednesday upheld the power of the Election Commission of India (ECI) to conduct a Special Intensive Revision (SIR) of electoral rolls.
A bench headed by Chief Justice Surya Kant observed that the exercise was well within the statutory and constitutional powers of the poll body and could not be dismissed as merely an administrative measure.
Delivering the verdict, the bench stated that the SIR exercise “advances the constitutional imperative of free and fair elections” and is aimed at ensuring the purity and accuracy of electoral rolls.
Court Rejects Challenge to SIR Exercise
Several petitions, including one filed by the NGO Association for Democratic Reforms (ADR), had challenged the Election Commission’s authority to undertake such an extensive revision of voter lists.
The petitioners argued that the Election Commission lacked powers under Article 326 of the Constitution, the Representation of the People Act, 1950, and the related rules to conduct an SIR exercise in such a broad manner.
They further alleged that the revision process resembled a “National Register of Citizens (NRC)-like exercise” in which citizenship verification was being carried out — a power they claimed rests solely with the central government.
However, the apex court rejected these arguments and held that inclusion or exclusion of names in electoral rolls squarely falls within the constitutional domain of the Election Commission.
Bihar SIR Exercise Under Scrutiny
The controversy primarily arose from the Special Intensive Revision conducted in Bihar during the first phase of the nationwide exercise.
As part of the process, the Election Commission published draft electoral rolls that reportedly excluded around 65 lakh names.
According to the SIR notification issued by the poll body, voters whose names did not appear in the 2002 or 2003 electoral rolls were required to establish ancestral linkage with individuals listed during that period.
This condition had drawn sharp criticism from opposition parties and civil society groups, who argued that it could disenfranchise genuine voters, especially migrants, economically weaker sections, and marginalized communities.
EC Defends Process
Defending the exercise before the court, the Election Commission maintained that maintaining accurate voter rolls is essential to preserving electoral integrity.
The poll body also argued that documents such as Aadhaar cards and voter identity cards cannot automatically be treated as conclusive proof of citizenship.
The EC said the SIR exercise was designed to eliminate duplicate, bogus, or ineligible entries and ensure that only eligible Indian citizens remain on the electoral rolls.
Hearings and Verdict
The Supreme Court had reserved its verdict on January 29 after hearing extensive arguments from both sides.
Final hearings in the matter had commenced on August 12 last year, during which the court had indicated that voter registration and revision exercises are integral to the Election Commission’s constitutional responsibilities.
The ruling is expected to have far-reaching implications for future electoral roll revisions across the country and is likely to strengthen the Election Commission’s authority in conducting large-scale verification exercises ahead of elections.
