EC Tells Supreme Court Special Revision of Electoral Rolls Is Its Exclusive Domain

The Election Commission (EC) has told the Supreme Court that rules governing the revision of electoral rolls do not bind it to a fixed timeline, leaving the matter to its discretion. It argued that any directive mandating Special Intensive Revisions (SIR) at regular intervals would intrude upon its exclusive constitutional domain.

The submission came in a counter-affidavit filed in response to a Public Interest Litigation by advocate Ashwini Kumar Upadhyay, who sought directions to ensure SIRs are conducted regularly across the country.

Seeking dismissal of the plea, the EC stated that “any direction to conduct a SIR at regular interval throughout the country would encroach upon the exclusive jurisdiction of the ECI”. It highlighted that “under Article 324 of the Constitution of India, 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 Election Commission of India”.

The poll body stressed that this 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 further maintained that it “is vested with constitutional as well as the statutory powers to oversee the preparation and revision of electoral rolls. These statutory powers include the authority to carry out either intensive revision or summary revision of the electoral roll, depending on the situation.”

The affidavit further said, “Pertinently, in accordance with sub-section (3) of Section 21, the ECI may at any time, for reasons to be recorded, direct a special revision of the electoral roll for any constituency or part of a constituency in such manner as it may think fit.”

Referring to the Representation of the People Act (RPA), 1950, the affidavit noted that Section 21 gives the EC discretion on the “timing of the revisional exercise” and clarified that “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.”

The Commission also pointed out that “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 under para 10 of the SIR Order dated 24.06.2025, the schedule for which is to be issued separately in due course”

It informed the court that it has already decided to carry out SIRs in different states “as envisaged under para 10 of the SIR Order dated 24.06.2025, the schedule for which is to be issued separately in due course”.

By a letter dated July 5, 2025, addressed to all chief electoral officers (CEOs) of states and Union Territories (except Bihar), the EC “has directed initiation of immediate pre-revision activities for the SIR of electoral rolls with reference to 01.01.2026 as the qualifying date”. To strengthen and coordinate preparations, the Commission also convened a conference of all CEOs in New Delhi on September 10.

(with inputs from The Indian Express)