Supreme Court Upholds Validity of Special Intensive Review by Election Commission
The Supreme Court has confirmed the legality of the Election Commission's Special Intensive Review (SIR) of the voter list, emphasizing its role in ensuring free and fair elections. This ruling comes amidst challenges questioning the Commission's authority to conduct such a comprehensive review. The court's decision supports the constitutional mandate for electoral integrity, while the Election Commission defends the SIR against claims of overreach. As the debate continues, the implications for voter registration and citizenship verification remain significant.
May 27, 2026, 13:01 IST
Supreme Court's Ruling on Voter List Review
On Wednesday, the Supreme Court affirmed the legitimacy of the Special Intensive Review (SIR) of the voter list conducted by the Election Commission of India (ECI), stating that it promotes the constitutional necessity for free and fair elections. The court emphasized that the execution of the SIR falls within the jurisdiction of the Election Commission. A bench led by Chief Justice of India (CJI) D.Y. Chandrachud ruled that it cannot be claimed that the Election Commission exceeded its legal authority by implementing the SIR.
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The bench stated that it cannot conclude that the contested procedure was adopted solely for administrative convenience. Instead, it believes that the electoral SIR reinforces the constitutional requirement for free and fair elections. The petitions challenging the SIR claimed that the Election Commission does not possess the authority to conduct such a broad SIR under Article 326 of the Constitution, the Representation of the People Act, 1950, and related regulations. The Supreme Court had reserved its judgment on this matter on January 29. Among the petitions was one from the non-governmental organization 'Association for Democratic Reforms' (ADR). The first phase of the SIR campaign was conducted in Bihar.
Last year, on August 12, the court commenced final arguments in the case, stating that adding or removing names from the voter list falls within the constitutional jurisdiction of the Election Commission. The Election Commission had disclosed the names of 6.5 million individuals removed from the draft voter list published under the SIR campaign. According to the SIR notification, voters whose names were not included in the 2002 or 2003 voter lists were required to prove their ancestral connection to someone already listed at that time.
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In defending the SIR process, the Election Commission argued that Aadhaar and voter ID cannot be considered the ultimate proof of citizenship. Petitioners alleged that this revision of the voter list resembles a process akin to the National Register of Citizens (NRC), where the Election Commission is purportedly verifying citizenship, a power that lies with the central government.