SIR order was legislative, approach liberal, EC tells Supreme Court

The Election Commission in the Supreme Court on Tuesday (January 20, 2026) said the order declaring Special Intensive Revision (SIR) was “legislative” in character and the mammoth exercise which followed to “purify” electoral rolls was marked by a “liberal approach”.

The poll body’s submission before a Bench headed by Chief Justice of India Surya Kant is despite reports that 6.5 crore names of electors have been excluded from draft electoral rolls in nine States and three Union Territories during the second phase of the SIR exercise.

But the poll panel, represented by senior advocate Rakesh Dwivedi, said its authority to conduct and control elections were drawn from the vast reservoir of power found in Article 324 of the Constitution.

Mr. Dwivedi said the powers of the commission were not just administrative in nature, but also adjudicatory and legislative. He referred to the powers under the Election Symbols Order to sit and decide which faction was the real one when a political party split as an illustration of its adjudicatory function.

“The SIR order was legislative in character. It laid down the complete set of principles and documents required and how it would be done,” Mr. Dwivedi submitted.

Countering attacks from petitioners that the SIR did not have any statutory backing and the poll panel invented the procedure out of “thin air”, Mr. Dwivedi said Article 324 provided the commission with the freedom to “deviate” as an enabling feature to prepare the electoral roll, considering the myriad situations that may occur in time. Besides, he said, the Parliament and the poll panel enjoyed a symbiotic relationship. Both institutions existed to ensure that democracy functioned smoothly, that elections took place and the Parliament was attended by elected representatives.

Mr. Dwivedi said the powers of the poll panel have, over the years, been preserved and not “shut out”. The senior advocate, explaining the liberal approach adopted in the SIR 2025, said the presumption was always in favour of citizenship.

“It is not that we did not attach presumption… Had we not attached presumption, we would have asked everyone from 2003 to produce evidence,” he submitted.

Mr. Dwivedi said the people were excluded from the final list in Bihar due deaths, duplication and migration. He said pre-filled enumeration forms were issued to all persons in electoral rolls up to June 2025. Probative value was attached to names already included in the electoral roll prepared after the 2002 SIR.

“These people who could provide nexus with the 2002 list were not required to provide any documents,” Mr. Dwivedi said.

Others who could not show nexus had to only show any one of the 11-plus (including Aadhaar) indicative documents.

“House-to-house survey with prefilled form was done. They (voters) simply needed to sign the forms. BLOs were charged with the responsibility of uploading them. Booth Level Agents of political parties were submitting 50 forms in a day,” said Mr. Dwivedi, detailing the liberal attitude taken in the 2025 SIR.

The submissions were made a day after the Supreme Court urged the poll body not to cause “stress and strain” to the people of West Bengal through the SIR process.