The Election Commission told the Supreme Court that any direction to conduct a Systematic Voter Registration (SIR) across the country would infringe upon its exclusive authority. It emphasized that such actions fall solely under the ECI’s jurisdiction.
The Election Commission (EC) informed the Supreme Court that any order to conduct special intensive revision (SIR) of electoral rolls at regular intervals nationwide would “encroach” upon the exclusive jurisdiction of the poll panel.
In a counter-affidavit submitted to the Supreme Court, the EC asserted that it possesses “complete discretion” over the policy governing revisions, excluding any other authority from this process.
It noted that, in a letter dated July 5, 2025, addressed to all chief electoral officers (CEOs) of states and Union Territories except Bihar the Commission directed the initiation of immediate pre-revision activities for SIR, using January 1, 2026, as the qualifying date.
The affidavit highlighted that the EC is endowed with both constitutional and statutory powers to manage the preparation and revision of electoral rolls.
It stated,
“Any direction to conduct a ‘SIR’ at regular intervals throughout the country would encroach upon the exclusive jurisdiction of the ECI.”
This affidavit was filed in response to a petition by advocate Ashwini Kumar Upadhyay, who has requested that the EC conduct SIR of electoral rolls at regular intervals across India, particularly before elections, to ensure that only Indian citizens influence the country’s polity and policy.
Earlier, On September 8, the Supreme Court mandated that the Aadhaar card must be included as an identity proof for voters in the SIR process in Bihar, instructing the EC to implement this directive by September 9.
In its counter affidavit, the EC referenced Article 324 of the Constitution, which grants it the superintendence, direction, and control over the preparation of electoral rolls and the conduct of all elections to Parliament and the legislatures of every state.
The affidavit stated,
“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.”
The EC asserted that Article 324 has been consistently interpreted by the Supreme Court to confer extensive powers upon the EC regarding the preparation of electoral rolls and the conduct of free and fair elections, even in areas where the statutory framework may be lacking or insufficient.
The affidavit further explained that the provisions under the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960, empower the EC to decide whether an intensive or summary revision is suitable based on current circumstances.
Citing Section 21 of the Representation of the People Act, 1950, the EC pointed out that it allows for the preparation and revision of electoral rolls and grants the poll panel discretion regarding the timing of these revisions.
It stated,
“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 affidavit also referred to Rule 25 of the Registration of Electors Rules, 1960, which deals with the revision of rolls.
While requesting the dismissal of the petition, it asserted,
“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,”
The EC emphasized its awareness of its statutory duty to uphold the integrity of the electoral rolls and noted that, in line with its powers under the Representation of the People Act, 1950, it has opted to conduct SIR in various states as outlined in the SIR order of June 24, 2025.
The EC also mentioned its July 5 letter, stating that it convened a conference of all CEOs from the states and Union Territories in New Delhi on September 10.
Following the Supreme Court’s September 8 order to include the Aadhaar card among the 11 prescribed documents for the SIR exercise in Bihar, the court clarified that Aadhaar would not serve as proof of citizenship.
In its ruling on this contentious issue, the Supreme Court noted that the EC can verify the authenticity of the Aadhaar card number provided by an elector for inclusion in the electoral roll.
The SIR of the voter list in Bihar, the first since 2003, has led to significant political controversy, with opposition parties claiming that the exercise aims to disenfranchise voters.
The EC has maintained that the purpose of the SIR is to purify the voter list by removing the names of deceased individuals, those with duplicate voter IDs, or illegal immigrants.
According to the EC’s notification from June 24, the final electoral roll in Bihar is set to be published on September 30, with the SIR findings reducing the total number of registered voters in the state from 7.9 crore before the exercise to 7.24 crore afterward.
Click Here to Read Previous Reports on ECI
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES