NEW DELHI: The Election Commission (EC) has informed the Supreme Court that any directive to conduct SIR of electoral rolls at regular intervals across the country would amount to an “encroachment” upon its exclusive constitutional domain.
In a counter-affidavit filed in response to a plea, the EC asserted that it holds “complete discretion” over the policy and timing of electoral roll revisions, to the exclusion of any other authority.
The affidavit comes in reply to a petition by advocate Ashwini Kumar Upadhyay, who has sought court directions mandating the EC to carry out SIRs nationwide, particularly before elections, to ensure that only Indian citizens influence the country’s polity and policy.
The EC maintained that it is empowered by the Constitution and relevant statutes to decide the nature and timing of revisions, whether summary or intensive, based on prevailing conditions.
“Any direction to conduct a ‘SIR’ at regular intervals throughout the country would encroach upon the exclusive jurisdiction of the ECI,” the poll body said.
Citing Article 324 of the Constitution, the Commission stated that it is vested with the superintendence, direction, and control of electoral roll preparation and election conduct. It added that this constitutional provision forms the “bedrock” of the EC’s plenary authority, even in areas where statutory law may be silent or inadequate.
The affidavit also referred to Section 21 of the Representation of the People Act, 1950, noting that while the law mandates electoral roll revision before general or assembly elections and by-elections, it does not impose a fixed timeline for doing so.
Rule 25 of the Registration of Electors Rules, 1960, also gives the EC the discretion to determine whether to carry out a summary or intensive revision.
The EC said it is cognisant of its responsibility to maintain the purity and integrity of electoral rolls and has already initiated steps accordingly. Through a letter dated July 5 addressed to CEOs of all states and
UTs, except Bihar, the Commission ordered the start of pre-revision activities for a fresh SIR, with 1 January 2026 as the qualifying date.