SC upholds ECI’s power to conduct SIR, says it strengthens free, fair elections

The Supreme Court on Wednesday upheld the legality of the Special Intensive Revision (SIR) of electoral rolls carried out by the Election Commission of India (ECI), observing that the exercise advances the constitutional mandate of ensuring free and fair elections.

A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi delivered the verdict on petitions challenging the ECI’s June 2025 notification ordering an SIR in Bihar.

The Court ruled that the Election Commission is empowered to conduct the revision exercise under Article 324 of the Constitution, read with the Representation of the People Act, 1950, and the relevant rules framed under it.

The bench observed that free and fair elections depend not only on the polling process but also on the integrity and accuracy of electoral rolls, which form the foundation of democracy. It noted that the reasons cited by the ECI for the revision, including the lapse of more than four decades since the last intensive revision, large-scale additions and deletions in voter lists, rapid urbanisation, migration, and the possibility of duplication and inaccuracies, were directly linked to preserving the credibility of the electoral process.

Rejecting the petitioners’ arguments, the Court held that the SIR procedure was consistent with the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960. It also dismissed the contention that the exercise undermined the presumption of citizenship of existing voters on the rolls.

Referring to the earlier Lal Babu Hussein judgment, the Court said the ruling only stressed procedural fairness and did not bar verification exercises. It added that the presumption of citizenship is rebuttable.

The bench further clarified that deletions made during the SIR process do not violate Rule 21A of the 1960 Rules, as safeguards such as notice and an opportunity to be heard remain intact.

On documentation requirements, the Court upheld the ECI’s framework, saying the classification of acceptable documents was based on reasonable and intelligible criteria aimed at maintaining electoral integrity. It also noted that Aadhaar had already been included among the accepted documents following an earlier order.

The Court concluded that the SIR exercise satisfies the test of proportionality, stating that the measures adopted are neither arbitrary nor excessive and include sufficient procedural safeguards.

The bench also affirmed that the ECI has the authority to examine questions related to citizenship for the limited purpose of electoral roll preparation. However, it clarified that any adverse finding by the Commission would not amount to a final determination of a person’s citizenship status.
(With LiveLaw inputs)