‘Breathes life into democratic process’: Supreme Court order upholding SIR validity in a nutshell
Supreme Court of India on 27 May upheld the constitutional validity of Election Commission's Special Intensive Revision (SIR) exercise in Bihar, news agencies reported. The
Supreme Court of India on 27 May upheld the constitutional validity of Election Commission's Special Intensive Revision (SIR) exercise in Bihar, news agencies reported. The top court said that the poll panel acted in the interest of free and fair elections adding that it has power to conduct SIR of electoral rolls under constitutional scheme and Representation of the People Act. Also Read | Supreme Court SIR LIVE: SC upholds validity of SIR in Bihar The verdict was with regard to a batch of pleas have claimed that the Election Commission does not have the powers under Article 326 of the Constitution, the Representation of the People Act,1950 and the Rules made under it to carry out SIR on such a larger form. The bench said the SIR could not be scrapped merely because it did not follow certain procedural modalities contemplated under the law and that the revision exercise does not violate the Representation of the People Act but instead “breathes life to the democratic process of elections”. The bench headed by Chief Justice of India Surya Kant had on January 29 reserved its verdict on the pleas. “The power traceable to Section 21(3) is clearly intended to operate in exceptional situations and constitutes a specific statutory mechanism designed by Parliament for special exigencies affecting the electoral process,” the court said, according to legal news website Bar and Bench.
The court also directed the poll panel to send people, whose names were deleted on the ground of not being able to prove citizenship, to competent authority for suitable adjudication. The batch of petitions, filed in June last year following the ECI’s decision to conduct the SIR exercise in Bihar and other States, includes pleas filed by election watchdog, the Association for Democratic Reforms(ADR), civil rights group People’s Union for Civil Liberties (PUCL), political activist Yogendra Yadav, Trinamool Congress leader Mahua Moitra, RJD MP Manoj Jha, Congress leader KC Venugopal, among others. The exercise contemplated under Section 21(3) is materially distinct from the ordinary regime of revision contemplated under Section 21(2) read with Rule 25, the bench held. Also Read | SC to deliver verdict today on pleas challenging SIR of electoral rolls in Bihar “When the statute itself authorises a special revision at any time, for reasons to be recorded and in such manner as the Election Commission may deem fit, the impugned exercise cannot be invalidated merely because it does not conform in every respect to the ordinary modalities contemplated for routine revision,” it said. Wednesday's verdict assumes significance as it endorses the Election Commission’s powers to undertake intensive revisions of electoral rolls to ensure the accuracy and integrity of voter lists. "In our considered opinion, the impugned SIR does not supplant the Representation of the People Act and the Rules.
Rather, it breathes life into the constitutional mandate under Article 324 within the precise statutory contours provided by Section 21(3). Therefore, it cannot be said that the Commission has acted in excess of its statutory powers," the Court held. SIR in Bihar The Election Commission had last year begun the SIR exercise in Bihar followed in other states after which a batch of pleas was filed before the top court challenging the constitutional validity of the exercise. Earlier this month, the Election Commission announced Phase III of the Special Intensive Revision (SIR) across 19 states and Union Territories. Phase 1 was conducted in Bihar, between June and September 2025, ahead of the 2025 state Assembly Election, while Phase II was conducted in nine states and three UTs between October 2025 and February 2026. Here are the top updates from the Supreme Court verdict delivered on 27 May as reported by legal news website LiveLaw ECI has the power to conduct SIR under the Constitution. Free and fair elections depend on the integrity, accuracy and credibility of the electoral rolls. SIR framework has adequate safeguards of notice, hearing, objections, speaking orders and appeal. Inclusion in electoral rolls does not mean an absolute bar on verification. ECI can examine citizenship for the limited purpose of deciding inclusion or exclusion from electoral rolls, not to finally declare citizenship status. Deletion from rolls on citizenship grounds does not mean the person is declared a non-citizen, final adjudication lies with authorities under Citizenship Act.
View full Image View full Image The top court said that the poll panel acted in the interest of free and fair elections adding that it has has power to conduct SIR of electoral rolls under constitutional scheme and Representation of the People Act. EC must refer persons deleted from Bihar rolls on citizenship grounds to the competent authority within four weeks. This exercise is independent in character and does not detract from the constitutional imperative of free and fair elections. It is instead an exercise traceable to Section 21(3) of the Representation of the People Act read with Article 324 of the Constitution and is intended to advance the very objectives which the constitutional framework seeks to protect. Also Read | SIR Phase 3 schedule: Check all important dates for 16 states and 3 UTs The revision exercise does not violate the Representation of the People Act but instead breathes life to the democratic process of elections. The exercise was founded upon a legitimate and constitutionally grounded purpose, namely the restoration of the accuracy, completeness and integrity of the electoral rolls. Since SIR is legally tenable, it is not in violation of the RP Act.
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