Supreme Court Affirms Election Commission's Authority for Special Electoral Roll Revision

Supreme Court's Ruling on Electoral Roll Revision

New Delhi, May 27: On Wednesday, the Supreme Court upheld the Election Commission of India's authority to perform a Special Intensive Revision (SIR) of electoral rolls, emphasizing that this action supports the constitutional requirement for free and fair elections.

The bench, led by Chief Justice Surya Kant, stated that the Election Commission did not exceed its statutory powers by implementing the SIR.

"We cannot conclude that the contested exercise is merely for administrative ease. Instead, we affirm that the electoral SIR promotes the constitutional necessity of ensuring free and fair elections," the bench remarked.

Challenges to the SIR claimed that the Election Commission lacked the authority under Article 326 of the Constitution, the Representation of the People Act, 1950, and related rules to conduct a broader SIR.

The Supreme Court had reserved its judgment on these challenges, including one from the NGO Association for Democratic Reforms (ADR), on January 29.

The initial phase of the SIR was carried out in Bihar.

During final arguments on August 12, 2025, the court noted that the inclusion or exclusion of names from electoral rolls is within the Election Commission's constitutional jurisdiction.

The Election Commission revealed that 65 lakh individuals were removed from the draft electoral rolls as part of the SIR process.

According to the SIR notification, voters not listed in the 2002 or 2003 rolls must demonstrate ancestral ties to someone who was included in those rolls.

In defense of the SIR, the Election Commission argued that Aadhaar and voter identity cards should not be considered definitive proof of citizenship.

The petitioners contended that the revision of electoral rolls resembled an "NRC-like process," where the Election Commission was verifying citizenship, a responsibility that lies with the central government.