Poll Panel Tells SC: EC’s Exclusive Jurisdiction Breached by Regular Interval Directions from Government
EC warns that directions to conduct SIR at regular intervals encroach upon its constitutional powers
NEW DELHI, Sep 13: The Election Commission (EC) has informed the Supreme Court that any directive to conduct Special Intensive Revision (SIR) of electoral rolls at regular intervals across the country would infringe upon its exclusive constitutional authority.
In a counter-affidavit filed in the apex court, the EC emphasized that it holds “complete discretion” over the timing and conduct of electoral roll revisions, to the exclusion of any other authority. The affidavit comes in response to a plea by advocate Ashwini Kumar Upadhyay, seeking a directive for regular SIR exercises nationwide to ensure that only Indian citizens participate in elections.
The EC highlighted that through its July 5, 2025, communication, it had directed all Chief Electoral Officers (CEOs), except in Bihar, to initiate pre-revision activities for SIR with reference to January 1, 2026, as the qualifying date.
“The Election Commission is vested with constitutional and statutory powers under Article 324 of the Constitution to oversee the preparation and revision of electoral rolls and conduct of elections,” the affidavit said. “Any direction to conduct SIR at regular intervals would encroach upon the EC’s exclusive jurisdiction.”
Citing Section 21 of the Representation of the People Act, 1950, and Rule 25 of the Registration of Electors Rules, 1960, the EC stated that these provisions confer discretion on the commission to decide the timing and nature of electoral roll revisions based on prevailing circumstances. The affidavit further clarified that the SIR is intended to maintain the purity of electoral rolls by removing deceased voters, duplicates, and entries of illegal immigrants.
The Supreme Court had earlier directed the inclusion of the Aadhaar card as a valid identity proof for the ongoing SIR in Bihar, clarifying that Aadhaar would not serve as proof of citizenship. The exercise, the first SIR in Bihar since 2003, has reduced the total registered voters from 7.9 crore to 7.24 crore, with the final list scheduled for publication on September 30.
The EC maintained that SIR in different states is being conducted in accordance with its powers and that the apex court’s guidance on voter identification will be implemented while preserving the commission’s discretion and authority.
