The Election Commission’s clear message: Preparing and revising the voter list is solely the Commission’s authority.

New Delhi The Election Commission (EC) has stated in an affidavit submitted to the Supreme Court that conducting Special Intensive Revision (SIR) across the country from time to time is its exclusive privilege. If the court issues directives on this matter, it would interfere with this authority.

In its affidavit filed in court, the Commission stated that according to Article 324 of the Constitution, preparing the voter list and making periodic changes to it is solely the right of the Election Commission (EC). This task cannot be assigned to any other institution or even the court.

The Election Commission stated that it understands its responsibility and continuously works to keep the voter list transparent. This affidavit was filed in response to a petition by Advocate Ashwini Kumar Upadhyay. The petition had demanded that the Election Commission be directed to conduct SIR in India, especially before elections, so that the country’s politics and policies are determined only by Indian citizens.

On July 5, 2025, the EC had sent a letter to the Chief Electoral Officers (CEOs) of all states and union territories except Bihar, directing them to begin preparations for SIR based on the eligibility date of January 1, 2026.

Election Commission stated: Changing the voter list is our right

According to Section 21, there is no fixed time limit for making changes to the voter list. Rather, it is a general responsibility that must be completed before every general election, assembly election, or by-election following a seat vacancy.

Rule 25 makes it clear that whether minor or major changes are made to the electoral roll depends entirely on the decision of the Election Commission.

Maintaining the accuracy and reliability of the voter list is the legal responsibility of the Election Commission. Therefore, in accordance with the SIR order of June 24, 2025, under the Representation of the People Act, 1950, it has been decided to conduct SIR in various states.

According to the Representation of the People Act, 1950, and the Voter Registration Rules, 1960, the Commission has the discretion to decide when to conduct a summary revision and when to conduct an intensive revision.

Supreme Court had said: Consider Aadhaar as proof of identity

On September 8, the Supreme Court stated that in the ongoing SIR process in Bihar, the Aadhaar card must be mandatorily included as proof of identity. The Election Commission was directed to implement this instruction by September 9.

However, the court also clarified that the Aadhaar card is not proof of citizenship. The court directed the EC that it can verify the authenticity of the Aadhaar number provided when adding names to the voter list.

Controversy over SIR in Bihar

This SIR process is taking place in Bihar for the first time since 2003. The EC says that the purpose of SIR is to remove the names of those who have died, those who have duplicate voter cards, or those who are illegal migrants from the voter list.

But opposition parties have alleged that this process is a conspiracy to deprive people of their voting rights. According to the EC’s notification of June 24, Bihar’s final voter list will be published on September 30.

Following this process, the total number of voters in Bihar has decreased from 79 million to 72.4 million. Approximately 6.5 million names have been removed.