Can't Be Ordered By Courts To Conduct SIR At Fixed Intervals, Election Commission Tells SC

Last Updated:September 14, 2025, 04:24 IST

The ECI insisted that such a directive would be a direct 'encroachment' on its exclusive constitutional and statutory domain

The petitioner had sought a court order to mandate nationwide intensive revisions to ensure that only Indian citizens are on the voter lists, arguing that without a strict timeline, there is a risk of compromised electoral purity. Representational image/PTI

The Election Commission of India (ECI) has taken a firm stand in the Supreme Court, asserting that it cannot be judicially compelled to conduct a special intensive revision of electoral rolls at fixed intervals. In a counter-affidavit filed in response to a plea by advocate Ashwini Kumar Upadhyay, the ECI insisted that such a directive would be a direct “encroachment" on its exclusive constitutional and statutory domain.

The poll body’s submission argues that its powers to oversee the preparation and revision of electoral rolls are vested in it by Article 324 of the Constitution, which grants it the “superintendence, direction, and control" of elections. The ECI further cited the Representation of the People Act, 1950, stating that while the law mandates revision of rolls before elections, it provides the commission with the discretion to decide the timing and nature of such revisions, whether they be summary or intensive. 

According to the ECI, its operational flexibility is crucial for maintaining the integrity of the electoral process, and a fixed judicial timeline would undermine this.

The petitioner had sought a court order to mandate nationwide intensive revisions to ensure that only Indian citizens are on the voter lists, arguing that without a strict timeline, there is a risk of compromised electoral purity. 

The ECI, however, countered that it is already fulfilling its responsibilities. In its affidavit, the commission highlighted that it has already initiated steps for a nationwide special intensive revision with January 1, 2026, as the qualifying date.

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