Supreme Court Hears Challenges to Election Commission's Electoral Roll Revision

Supreme Court Examines Electoral Roll Revision Process

The Supreme Court of India is currently presiding over a series of petitions challenging the constitutional validity of the Election Commission of India's (ECI) Special Intensive Revision (SIR) of voter rolls. The hearings, which commenced on December 2, 2025, delve into the extent of the ECI's power to scrutinize citizenship during this nationwide exercise. The SIR process, announced by Chief Election Commissioner Gyanesh Kumar on October 27, 2025, aims to ensure accurate and inclusive electoral rolls across the country.

Petitioners Raise Concerns Over Citizenship Scrutiny and Burden of Proof

Multiple petitioners, including opposition leaders, non-governmental organizations, and activists, have brought their concerns before the apex court. Senior Advocate Abhishek Manu Singhvi, representing some petitioners, argued that the SIR effectively creates an 'indirect National Register of Citizens (NRC)' without parliamentary sanction. He contended that the ECI has 'arrogated to itself a power it does not have' by placing citizens in a 'presumptive citizenship list' and shifting the burden of proof for citizenship onto the individual. Singhvi asserted that the ECI lacks the authority under Article 324 of the Constitution to conduct a citizenship test through arbitrary procedures.

Another Senior Advocate, Kapil Sibal, highlighted that the SIR process imposes an 'unconstitutional burden' on ordinary voters, potentially leading to disenfranchisement and affecting the core of democracy. Concerns were also raised by Mrinal Kumar Choudhury, former President of the Gauhati High Court Bar Association, who challenged the ECI's decision to conduct only a 'Special Revision' in Assam instead of the more rigorous SIR, citing the state's history with illegal immigration. Furthermore, the Kerala Government, along with political parties like the Indian Union Muslim League (IUML), Kerala Pradesh Congress Committee (KPCC), and the Communist Party of India (Marxist) , sought a postponement of the SIR in Kerala due to ongoing local body elections and administrative difficulties.

ECI Defends SIR as Essential for Electoral Purity

In its defense, the ECI has asserted its constitutional mandate to maintain the purity of electoral rolls. The Commission argues that its authority stems from Article 324, which grants it plenary powers over elections, and Article 326, which establishes Indian citizenship as a precondition for voter registration. The ECI clarified that the SIR is not intended to determine citizenship status but rather to ensure that all eligible citizens are included and ineligible voters, including illegal immigrants, are removed.

The ECI cited Section 21(3) of the Representation of the People Act, 1950, as the legal basis for conducting intensive revisions, and Sections 16 and 19 of the same Act, which disqualify non-citizens and require ordinary residency for voter inclusion. The Commission also stated that the Union government's power to scrutinize citizenship under Section 9 of the Citizenship Act, 1955, is limited to cases of voluntary acquisition of foreign citizenship and does not override the ECI's constitutional role in electoral matters.

Court's Directives and Ongoing Schedule

The Supreme Court, comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, has been actively hearing the petitions. The Court acknowledged the ECI's inherent power to determine the correctness of entries in voter applications (Form 6) but also noted that Aadhaar is not absolute proof of citizenship. The bench urged the ECI to consider extending the deadline for enumeration, which was initially December 4 and has since been extended to December 11, 2025. The draft electoral rolls are scheduled for publication on December 16, 2025, with the final rolls expected on February 14, 2026. The Court has scheduled further hearings for petitions concerning Tamil Nadu on December 4 and West Bengal on December 9.