Direction for SIR at regular interval encroaches upon Election Commission's exclusive jurisdiction: EC to SC

New Delhi: The Election Commission has told the Supreme Court that any direction to conduct special intensive revision (SIR) of electoral rolls at regular intervals throughout the country would "encroach" upon the exclusive jurisdiction of the poll panel.

In a counter-affidavit filed in the apex court, the EC said it has the "complete discretion" over the policy of revision to the exclusion of any other authority.

It said through its July 5, 2025, letter addressed to all chief electoral officers (CEOs) of states and Union Territories, except Bihar, the commission has directed the initiation of immediate pre-revision activities for SIR of electoral rolls with reference to January 1, 2026, as the qualifying date.

The affidavit said the EC is vested with constitutional as well as 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 on a plea by advocate Ashwini Kumar Upadhyay, who has sought a direction to the EC to conduct SIR of electoral rolls at regular intervals throughout India, particularly before elections, to ensure that only Indian citizens decide the polity and policy of the country.

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

In its counter affidavit, the poll panel said under Article 324 of the Constitution, the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to parliament and to the legislature of every state are vested in the EC.

"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," it said.

It said Article 324 has been consistently interpreted by the apex court to confer plenary powers upon the EC in relation to the preparation of the electoral roll and conduct of free and fair elections, including in matters where the statutory framework may be silent or insufficient.

The affidavit said the enabling provisions under the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960, provide EC powers to decide whether an intensive or summary revision is appropriate, based 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 the electoral roll and vests a discretion in the poll panel as regards the timing of the revisional exercise.

"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," it said.

The affidavit said Rule 25 of the Registration of Electors Rules, 1960, deals with revision of rolls.

"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," it said, while seeking dismissal of the plea.

It said the EC is fully cognizant of its statutory responsibility to maintain the purity and integrity of the electoral rolls and, in exercise of its powers under the Representation of the People Act, 1950, has decided to conduct SIR in different states as envisaged in the SIR order of June 24, 2025.

Referring to the poll panel's July 5 letter, it said the EC had convened a conference of all CEOs of the states and Union Territories at New Delhi on September 10.

On September 8, adding the Aadhaar card to the list of 11 prescribed documents in the SIR exercise in Bihar, the apex court made it clear that Aadhaar will not be a proof of citizenship.

In its order on the much-debated issue, the top court said the EC can ascertain the genuineness of the Aadhaar card number submitted by an elector for inclusion in the electoral roll.

The SIR of the voter list in Bihar -- the first since 2003 -- sparked a huge political row, with the opposition parties alleging that the exercise is aimed at depriving people of their right to vote.

The Election Commission has maintained that SIR's purpose was to clean the voter list by deleting names of people who are dead, possess duplicate voter cards or are illegal immigrants.

According to EC's June 24 notification, the final electoral roll in Bihar is scheduled to be published on September 30.

The SIR's findings reduced the total number of registered voters in Bihar, from 7.9 crore before the exercise to 7.24 crore after conducting it.