The EC has informed the SC that any decision to conduct SIR of electoral rolls at regular intervals throughout the country would "encroach" upon the exclusive jurisdiction of the poll panel.
The EC stated that it is equipped with both constitutional and statutory powers to oversee the preparation and revision of electoral rolls.
The affidavit was filed against a plea filed by advocate Ashwini Kumar Upadhyay, who had asked for the commission to conduct regular revisions of rolls, particularly prior to elections.
The Election Commission has informed the Supreme Court that any decision 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. The EC filed the counter affidavit stating that it has the "complete discretion" over the revision and any other authority lies outside the purview.
The EC stated that it is equipped with both constitutional and 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 against a plea filed by advocate Ashwini Kumar Upadhyay, who had asked for the commission to conduct regular revisions of rolls, particularly prior to elections. The argument given was that it would ensure that only Indian citizens decide the polity and policy of the country.
On September 8, the SC 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. The EC, citing Article 324 of the Constitution asserted that “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."
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.
The EC also highlighted Section 21 of the Representation of the People Act, 1950, under which it claimed 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."
The electoral body had on July 5, 2025, a letter addressed to all chief electoral officers (CEOs) of states and Union Territories, except Bihar, the commission had directed the initiation of immediate pre-revision activities for SIR of electoral rolls with reference to January 1, 2026, as the qualifying date.
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.
With PTI inputs
