The Election Commission of India (ECI) has asserted before the Supreme Court that any judicial direction mandating special intensive revision (SIR) of electoral rolls across the country at regular intervals would intrude upon its exclusive constitutional authority.
In a counter-affidavit filed in response to a plea by advocate Ashwini Kumar Upadhyay, the poll panel said it enjoys “complete discretion” under Article 324 of the Constitution and relevant laws to decide the manner and timing of revising electoral rolls. The plea had sought a direction for periodic SIRs nationwide, particularly before elections, to ensure that only Indian citizens influence the polity and policy of the country.
The affidavit underscored that the superintendence, direction, and control of preparing electoral rolls is vested in the ECI under Article 324, which has consistently been interpreted by the apex court as conferring plenary powers on the commission.
It further referred to Section 21 of the Representation of the People Act, 1950, noting that revisions are to be carried out before general or assembly elections or bye-elections, but no rigid timeline is prescribed. Rule 25 of the Registration of Electors Rules, 1960, also leaves it to the commission’s discretion whether to conduct a summary or intensive revision, it added.
The EC informed the court that it had already directed chief electoral officers of states and Union Territories (except Bihar) on July 5, 2025, to initiate pre-revision activities for an SIR with January 1, 2026, as the qualifying date. A conference of all CEOs was convened in New Delhi on September 10 to review the process.
The affidavit emphasized that the commission is “fully cognizant” of its responsibility to ensure the purity and integrity of voter rolls and has already undertaken SIRs in various states under its June 24, 2025, order.
On September 8, the Supreme Court directed that Aadhaar cards “must” be accepted as one of the identity proofs in Bihar’s SIR, though clarifying that Aadhaar is not proof of citizenship. The EC was asked to implement the direction by September 9.
Bihar’s SIR, the first since 2003, has triggered political controversy, with opposition parties alleging voter suppression. The EC, however, defended the exercise as essential to cleanse the rolls of names of deceased persons, duplicates, and ineligible voters.
According to the EC’s June 24 notification, Bihar’s final electoral roll is scheduled for publication on September 30. The revision has already reduced the state’s voter count from 7.9 crore to 7.24 crore.
Upadhyay’s plea argued that uniform and periodic revisions were necessary to prevent illegal immigrants and ineligible persons from being part of the electorate. The EC, however, has urged dismissal of the petition, stressing that its constitutional and statutory mandate gives it exclusive authority to determine the methodology and frequency of revisions.
