Regular SIR Direction Encroaches On Its Exclusive Jurisdiction: EC Tells SC

The Election Commission (EC) informed the Supreme Court that directing special intensive revisions (SIR) of electoral rolls at regular intervals nationwide would “encroach upon the exclusive jurisdiction of the ECI,” reported The New Indian Express.

In its counter-affidavit to a plea by advocate Ashwini Kumar Upadhyay, the EC asserted it holds “complete discretion” over electoral roll revisions, including their timing.

Upadhyay had sought court directions mandating nationwide SIRs before elections to ensure only Indian citizens influence country's policy and polity.

The EC maintained that Article 324 of the Constitution vests it with superintendence, direction, and control of electoral roll preparation and election conduct.

“Any direction to conduct a 'SIR' at regular intervals throughout the country would encroach upon the exclusive jurisdiction of the ECI,” the poll body said.

It added that Article 324 forms the “bedrock” of its plenary authority, even where statutory law remains silent or is inadequate.

Citing Section 21 of the Representation of the People Act, 1950, the EC said law requires revisions before elections but imposes no fixed timeline.

Rule 25 of the Registration of Electors Rules, 1960, also grants discretion to decide whether revisions needs to be summary or intensive.

The EC emphasised its commitment to purity of rolls, noting that on 5 July, 2025, it directed all Chief Electoral Officers (CEOs), except Bihar, to begin pre-revision activities for a fresh SIR with 1 January 2026 as the qualifying date. It also convened a national CEO conference in New Delhi on 10 September.

Regarding Bihar, the Supreme Court on 8 September allowed Aadhaar use in the SIR while clarifying it was not proof of citizenship.

The EC reported the Bihar voter list dropped from 7.9 crore to 7.24 crore, with final rolls due on 30 September.

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