MASSIVE: Supreme Court Upholds ECI’s Bihar SIR, Calls It ‘Legitimate & Constitutional’ To Ensure 'Free & Fair Elections'

In a major verdict, the Supreme Court on Wednesday upheld the Election Commission of India’s (ECI) decision to carry out the Special Intensive Revision (SIR) of electoral rolls that began in Bihar, giving a massive boost to the poll panel and a setback to those opposing the exercise.

A bench led by Chief Justice of India Surya Kant, along with Justice Joymalya Bagchi and Justice Vipul M Pancholi, held that the SIR exercise is ‘legally tenable' and cannot be struck down merely because it differs from the ordinary process of revision of electoral rolls.

The court said that the Election Commission had acted within its statutory powers and that the SIR exercise fulfilled the constitutional mandate of ensuring free and fair elections.

‘ECI Did Not Act Outside Its Powers’: Supreme Court

Reading out the verdict, CJI Surya Kant said that the court could not conclude that the SIR exercise was undertaken merely for administrative convenience. “On the contrary, we hold that the electoral SIR advances the constitutional imperative of free and fair elections,” the Chief Justice observed.

The court further ruled that the exercise could not be termed ultra vires or illegal simply because it was different from the ordinary revision process. “It cannot be said that the Commission has acted in excess of its statutory powers,” the bench said. The Supreme Court also upheld the constitutional validity of the SIR exercise and backed the need for the Election Commission to undertake such a revision.

Why ECI Ordered SIR Exercise

The bench further noted that the challenge before the court arose from the Election Commission’s decision, under Article 324 of the Constitution and Section 21(3) of the Representation of the People Act, 1950, to conduct a Special Intensive Revision of electoral rolls in all Assembly constituencies in Bihar before its 2025 assembly elections.

According to the court, the Election Commission decided to undertake the exercise due to major demographic changes, rapid urbanisation and large-scale migration that had significantly altered electoral rolls over the years. The bench also noted that more than four decades had passed since the last intensive revision of electoral rolls. 

SC Frames 3 Key Questions

CJI Surya Kant said that the bench examined three major issues while deciding on this case - 

• Whether the Election Commission has the power to conduct an exercise such as the SIR.
• Whether the inquiry under SIR is founded on a legitimate purpose and whether the measures adopted are proportionate.
• Whether the procedure adopted by the Election Commission violates provisions of the Representation of the People Act, 1950.

After examining opposing submissions and materials on record, the bench answered all three issues in favour of the Election Commission.

SC Says S.I.R Has Legitimate Constitutional Purpose

The court observed that free and fair elections depend not just on polling but also on the ‘integrity, accuracy and credibility’ of electoral rolls. "The reasons recorded by the Commission, namely the passage of more than four decades since the last intensive revision, large-scale additions and deletions, rapid urbanisation, migration and the possibility of repetition and inaccuracies in electoral rolls, are clearly directed towards preserving that foundational integrity,” the court said.

The Supreme Court also rejected the argument that the Election Commission lacked the power to verify citizenship status during the revision process.