The Election Commission of India (ECI) has asserted its exclusive authority over the scheduling and execution of Special Intensive Revisions (SIR) of electoral rolls, telling the Supreme Court that it cannot be directed to conduct SIR at fixed intervals. The ECI conveyed to the Supreme Court that dictating the frequency of SIR would encroach upon its exclusive jurisdiction.
In a counter-affidavit filed in response to a Public Interest Litigation (PIL) by advocate Ashwini Kumar Upadhyay, the ECI stated that it possesses complete discretion over the policy of revision, to the exclusion of any other authority. The petition sought directives to conduct nationwide SIRs before elections to ensure that only Indian citizens participate in influencing the country's policies. The ECI has requested the dismissal of the petition.
The ECI emphasized that Article 324 of the Constitution of India vests in it 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. The ECI added that Article 324 forms the bedrock of its plenary authority, even where statutory law remains silent or is inadequate.
Citing Section 21 of the Representation of the People Act, 1950, the ECI stated that the law mandates revisions before elections but does not impose a fixed timeline. Rule 25 of the Registration of Electors Rules, 1960, also grants discretion to the ECI to decide whether revisions need to be summary or intensive. The decision to conduct a summary or an intensive revision of the electoral roll is left to the discretion of the ECI and depends on the situation.
The ECI also informed the court that it is aware of its responsibility to maintain the purity and integrity of electoral rolls and has initiated steps accordingly. On July 5, 2025, the ECI directed all Chief Electoral Officers (CEOs) of states and Union Territories (except Bihar) to begin pre-revision activities for a fresh SIR with January 1, 2026, as the qualifying date. Furthermore, the ECI convened a conference of all CEOs of the states and Union Territories in New Delhi on September 10 to further strengthen and coordinate preparatory measures for conducting SIR nationwide.
Regarding Bihar, the Supreme Court on September 8 allowed the use of Aadhaar in the SIR, while clarifying that it is not proof of citizenship. The ECI reported that the voter list in Bihar dropped from 7.9 crore to 7.24 crore, with final rolls due on September 30.