Supreme Court Holds ECI Not at Fault for Statewide SIR in Bihar: Legal Context, Arguments, and Constitutional Framework

Introduction: ECI Not at Fault if SIR Aim Same Across Bihar Seats

The Supreme Court has clarified that the Election Commission of India (ECI) cannot be blamed for conducting a Special Intensive Revision (SIR) across the entire state of Bihar if the reasons for initiating the exercise are uniform across all constituencies. This observation came while hearing multiple petitions questioning the legality and constitutionality of the SIR process being implemented in Bihar.

Understanding the SIR Exercise: Not a Routine Revision

The bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi noted that this is not a routine annual updation of electoral rolls, but a special revision permitted under the Representation of the People Act, 1950 (ROPA).

The Court stated that any process conducted by the ECI that is fair and transparent cannot be interfered with unless it is shown that the ECI lacks the legal authority to do so.

Petitioners' Key Argument: SIR as an Unconstitutional Citizenship Verification

Senior advocates Kapil Sibal and Abhishek Manu Singhvi argued that the SIR exercise is effectively a citizenship verification drive, a power that does not lie with the ECI.

Arguments Presented

  1. Determining citizenship is not ECI’s job, as it has no constitutional mandate to run such verification drills.

  2. Even if Section 21(3) of ROPA permits a special revision, it must be constituency-specific and individual-specific, not an en masse state-wide drive.

  3. The ECI allegedly sought 12–13 documents, which cannot be demanded for mass verification under electoral laws.

  4. According to the petitioners, the exercise effectively presumes that all voters in Bihar are temporary citizens until they prove otherwise.

Statutory Basis: Section 21(3) of the Representation of the People Act, 1950

Section 21(3) states:

“Notwithstanding anything contained in sub-section (2), the Election Commission may at any time, for reasons to be recorded, direct a special revision of the electoral roll for any constituency or part of a constituency in such manner as it may think fit.”

Supreme Court’s Interpretation

The bench explained that if the ECI discovers a statewide issue, such as large numbers of dead voters, it cannot reasonably restrict the revision to only certain constituencies.
If the reasons apply to all constituencies, then conducting SIR statewide is logically and legally justified, and restricting it would be discriminatory.

ECI's Power: Supplementing Law vs Supplanting Law

Kapil Sibal argued that the ECI’s role is to supplement existing law, not create new mechanisms that effectively override statutory provisions.
He further pointed out concerns that booth-level officers—often school teachers—would end up deciding citizenship, which has serious legal consequences for individuals excluded from the electoral roll.

Issues of Burden of Proof and Documentary Requirements

Another objection raised was the reversal of burden: voters are being asked to prove their citizenship based on historical documents.
The petitioners highlighted problems such as:

  • Citizens who migrated after marriage or employment may lack access to 2003 electoral roll records.

  • Genuine citizens may find it difficult to furnish the required documents within the three-month window.

Supreme Court’s Stand: Reasonableness and Procedural Fairness

The Court clarified that the issue is being examined from the perspectives of:

  • Reasonableness of the SIR exercise

  • Procedural fairness to voters

  • Whether the ECI has legally recorded reasons for statewide SIR

  • Whether the scale of verification is proportionate and lawful

The Court has not stayed the SIR but continues to hear arguments, signalling that it is treating the matter with constitutional sensitivity.

Challenges Beyond Bihar

The SIR exercise has not only been implemented in Bihar but also in:

  • Tamil Nadu

  • Kerala

  • West Bengal

  • Uttar Pradesh

  • Puducherry

Petitions challenging these exercises have also reached the Supreme Court and will be heard in the coming weeks.

Relevant Statutes, Constitutional Provisions, and Judicial Precedents

Statutory Provisions

  1. Representation of the People Act, 1950 (ROPA)

    • Section 21: Preparation and revision of electoral rolls

    • Section 21(3): Power to order special revision

    • Section 22: Correction of entries

    • Section 23: Inclusion of names

    • Section 24: Appeals regarding electoral rolls

  2. Representation of the People Act, 1951

    • Though primarily about conduct of elections, it indirectly relates to procedural fairness.

  3. Citizenship Act, 1955

    • Determines who is a citizen; ECI has no authority to adjudicate citizenship disputes under this Act.

  4. Registration of Electors Rules, 1960

    • Governs how objections and corrections are processed

    • Defines the powers of booth-level officers

    • Provides mechanisms for verifying identity and residence, but not mass citizenship screening

Constitutional Provisions

  1. Article 324 – Superintendence, direction, and control of elections vests exclusively in the ECI.

  2. Article 326 – Elections are based on adult suffrage; every citizen aged 18+ has the right to vote.

  3. Article 14 – Equality before law; any discriminatory SIR process may violate this.

  4. Article 19(1)(a) – Right to participate in democratic processes (derivative right).

  5. Article 21 – Inclusion or exclusion from electoral rolls may have implications for personal liberty and dignity.

Key Judicial Precedents

  1. Mohinder Singh Gill v. CEC (1978)

    • ECI has broad powers under Article 324, but cannot violate statutory provisions.

  2. PUCL v. Union of India (2003)

    • Right to vote is a statutory right, but maintaining a clean electoral roll is essential to democratic integrity.

  3. Lalit Narayan Mishra Institute v. State of Bihar (1988)

    • State action must satisfy the test of reasonableness.

  4. Lakshmi Charan Sen v. A.K.M. Hassan Uzzaman (1985)

    • Courts must respect ECI’s plenary powers but can intervene if the powers are exercised arbitrarily.

  5. Javed v. State of Haryana (2003)

    • Electoral qualifications and disqualifications must be reasonable and non-discriminatory.

These cases collectively guide the Court’s evaluation of whether the SIR violates statutory limits or constitutional safeguards.

Conclusion: Supreme Court’s Examination Continues

The Supreme Court has not accepted the argument that the SIR is inherently unconstitutional. Instead, it is scrutinising:

  • Whether the ECI has recorded sufficient reasons

  • Whether the process is proportionate

  • Whether the exercise violates procedural fairness

  • Whether it effectively converts the ECI into a citizenship tribunal

With challenges pending across several states, the Court’s eventual ruling will have nationwide implications for the future of electoral roll management and the limits of ECI’s authority under Article 324 and ROPA.


Location: Pune, Maharashtra, India

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