HomeglobalSC upholds SIR, says it is in consonance with Representation of the People Act: highlights

SC upholds SIR, says it is in consonance with Representation of the People Act: highlights

globalMay 27, 2026
5 min read
SC upholds SIR, says it is in consonance with Representation of the People Act: highlights
The Election Commission’s decision to conduct the SIR remains within statutory mandate, the Supreme Court said
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The Supreme Court on Wednesday (May 27, 2026) upheld the Special Intensive Revision (SIR) exercise, saying just because the exercise does not adhere strictly to modalities, it cannot be invalidated. 

Further, the Supreme Court concluded that the SIR was found on legitimate grounds and is in consonance with the Representation of the People Act and the 1960 Rules. The Election Commission’s decision to conduct the SIR remains within statutory mandate, the Supreme Court added. 

The Supreme Court judgment on the questions of constitutionality of the Bihar SIR would have an impact on further rounds of SIR. A second phase of SIR had been held ahead of polls in several States, including West Bengal, Tamil Nadu and Assam. 

Krishnadas Rajagopal reports from the Supreme Court.

The Election Commission’s decision to conduct the SIR remains within statutory mandate, the Supreme Court says. 

EC can check citizenship for the limited purpose of inclusion in electoral roll, the top court adds. 

The EC deletion cannot be final on the citizenship of the person. The EC can however refer such cases of deletions to the competent authorities in the Central government for adjudication under the Citizenship Act, the top court says. 

The Bench rises. 

The Supreme Court concludes that SIR was found on legitimate grounds and is in consonance with the Representation of the People Act and the 1960 Rules. 

Supeme Court, while delivering the verdict on the pleas challenging EC’s SIR of electoral rolls in Bihar, says, the SIR enquiry is subject to judicial review. 

However, if voters cannot produce the necessary documents, the EC is entitled to act within the statutory framework to exclude from voter list. The EC can refer such a case to the Centre, the SC says. 

The Supreme Court says the set of documents sought for verification was part of working a structured regime for inclusion of voters in the rolls. 

However, the documentation framework in SIR must follow a “calibrated balance”, the Supreme Court adds. 

The Bihar SIR hearings had seen the Supreme Court effectively intervene to make the massive exercise more inclusive. One of the effective judicial interventions was to include Aadhaar as the 12th in the list of 11 ‘indicative’ documents that voters could file as proof of their identity or residence. 

Supreme Court says the SIR process was not manifestly excessive. “The procedural safeguards followed had sufficed and it did not detract from the concept of free and fair elections,” the Court adds. 

Undertaking of SIR does not ipso facto reverse the burden of proof on the voters, the apex court adds. 

Previously, the Bihar SIR hearings had seen the Supreme Court effectively intervene to make the massive exercise more inclusive. 

Supreme Court, while delivering the verdict on the SIR exercise in Bihar, upholds the judgment. 

Just because the exercise does not adhere strictly to modalities, it cannot be invalidated, the top court says. 

The apex court says that SIR falls within the limits of the Representation of the People Act and Registration of Electors Rules. It advances the constitutional principle of free and fair elections, the Court says. 

As the Special Intensive Revision (SIR) of electoral rolls in the next 12 States and Union Territories is set to be carried out according to the June 24 order issued by the Election Commission of India (ECI), certain modifications have been made to the process based on the learnings from the just concluded process in Bihar. 

In a notice issued to the Chief Electoral Officers of all 12 States, the ECI said no documents were to be collected from electors during the Enumeration Phase. This was being done as it had been found in Bihar that a majority of people could be traced to the electoral rolls of previous SIR, Chief Election Commissioner Gyanesh Kumar said.

The Special Intensive Revision (SIR) of the electoral rolls in Bihar has raised concerns about possible disenfranchisement of migrant voters. Bihar, along with Uttar Pradesh, is a key source of outmigrants, and people from these two States are relocating in large numbers. 

This mobility is visible across the country. While it was evident during the COVID-19 pandemic, there is little data to document it. 

Bihar SIR: Election Commission of India reports 98.2% electors have submitted documents for Bihar voter list revision.

Published - May 27, 2026 09:27 am IST

Special Intensive Revision of electoral rolls / Bihar / court / judiciary (system of justice) / population and census / Live news

Source: The Hindu - India News

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