NEW DELHI: The Supreme Court on Wednesday upheld the power of the Election Commission of India (ECI) to conduct Special Intensive Revision (SIR) of electoral rolls, after noting that the Commission did not violate the Representation of People (RP) Act by ordering SIR of Bihar electoral rolls.
"The ECI has the authority to conduct the SIR exercise and did not transgress any statutory or constitutional provision. The EC did not violate any RP Act by ordering SIR of Bihar electoral rolls as such an exercise ensured purity of electoral roll and aided in free and fair elections," the top court ruled.
The bench in its ruling added that the EC is doing this for free and fair election. "The entire process of SIR, including the staged procedures for deletions along with opportunity for claims and objections and the safeguards, makes it valid and non-arbitrary," it said in the judgment.
The apex court also held that the SIR exercise was based on legitimate means to ensure integrity of electoral rolls and had inbuilt safeguards.
The Supreme Court pronounced its judgement on Wednesday on a batch of petitions challenging the constitutional validity of the SIR (Special Intensive Revision) exercise of voter lists being carried out by the Election Commission in various states.
A three-judge bench of the apex court, headed by the Chief Justice of India (CJI) Surya kant and Justices Joymalya Bagchi and V M Pancholi -- who reserved the batch of pleas on January 29 -- has pronounced its verdict on Wednesday.
The top court decided whether the Election Commission has the power to conduct SIR in its present form under Article 326 of the Constitution, the Representation of the People Act, 1950, and the related rules.
The batch of petitions -- which were filed in June last year following the ECI's decision to conduct SIR in Bihar and other states -- includes the ones filed by; NGOs -- The Association of Democratic Reforms (ADR),
People's Union for Civil Liberties (PUCL), Political activist Yogendra Yadav, Mahua Moitra (Member of Parliament from TMC- Trina Mool Congress), Manoj Jha (Rashtriya Janta Dal MP), K C Venugopal (Congress MP), Supriya Sule (Nationalist Congress Party, MP), Mujahid Alam, National Federation for Indian Women (NFIW), and others.
The ECI had last year directed to conduct an SIR in Bihar and many other states. Following this, a batch of pleas have been filed before the top court challenging the constitutional validity of the entire exercise.
The petitioners from the top court sought a direction to set aside the ECI’s SIR order of 24, June, 2025.
"Issue a writ, order or direction setting aside Order and Communication dated 24.06.2025 and accompanying guidelines issued by ECI to conduct SIR of the electoral rolls in Bihar as being in violation of Articles 14, 19, 21, 325, 326 of the Constitution of India and provisions of Representation of People (RP) Act, 1950 and Registration of Electors Rules, 1960," said, the plea of ADR, filed in the top court.
The court also impleaded all the political parties in the batch of pleas challenging the EC's drive launched on June 24 for Special Intensive Revision of electoral rolls in Bihar.
On July 28, the Supreme Court in its order refused to stay the EC from publishing draft voters list on August 1, 2025, after SIR exercise in Bihar.
The ECI defended the SIR exercise and submitted to the top court that it was a legitimate and correct process conducted in various states.
