EC opposes SC mandated SIR

In a counter-affidavit filed in the apex court, the EC said it has “complete discretion” over the policy of revising electoral rolls, to the exclusion of any other authority.

It noted that through its July 5, 2025, letter addressed to all chief electoral officers (CEOs) of States and Union Territories (except Bihar), the Commission had directed the initiation of immediate pre-revision activities for the SIR of electoral rolls with reference to January 1, 2026, as the qualifying date. The EC also convened a conference of all CEOs in New Delhi on September 10.

The affidavit stated that the EC is vested with both constitutional and statutory powers to oversee the preparation and revision of electoral rolls. “Any direction to conduct a SIR at regular intervals throughout the country would encroach upon the exclusive jurisdiction of the ECI,” it said.

The affidavit was filed in response to a plea by advocate Ashwini Kumar Upadhyay, who sought a direction to the EC to conduct SIRs of electoral rolls nationwide, particularly before elections, to ensure that only Indian citizens determine the polity and policy of the country.

On September 8, the Supreme Court had directed that Aadhaar must be included as an identity proof in the SIR exercise of electoral rolls in Bihar and asked the EC to implement the direction by September 9.

In its response, the EC said Article 324 of the Constitution vests in it the superintendence, direction, and control of the preparation of electoral rolls and the conduct of all elections to Parliament and State legislatures. “This constitutional provision forms the bedrock of the Election Commission’s plenary authority in all matters relating to electoral rolls and conduct of elections,” the affidavit stated.

The EC said Article 324 has consistently been interpreted by the Supreme Court as conferring plenary powers upon the Commission, even in cases where the statutory framework is silent or inadequate. It further pointed to provisions under the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960, which empower the EC to decide whether an intensive or summary revision is appropriate, depending on prevailing circumstances.

Referring to Section 21 of the Representation of the People Act, 1950, the EC said it provides for the preparation and revision of electoral rolls and vests discretion with the Commission regarding the timing of such exercises.

The EC said it is fully cognizant of its statutory responsibility to maintain the purity and integrity of electoral rolls. In exercise of its powers under the Representation of the People Act, it has already decided to conduct SIRs in different states as envisaged in its order of June 24, 2025.

On September 8, while adding Aadhaar to the list of 11 prescribed documents in the SIR exercise in Bihar, the Supreme Court clarified that Aadhaar will not serve as proof of citizenship.

The SIR of the voter list in Bihar, the first since 2003, has sparked a major political controversy, with Opposition parties alleging that the exercise is aimed at depriving people of their right to vote.