‘Special Intensive Revision of voter lists breathes life into Constitution’

New Delhi: In a major setback to Opposition parties, the Supreme Court (SC) this morning upheld the Election Commission of India’s (ECI) authority to conduct the Special Intensive Revision (SIR) of electoral rolls.

A Bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi delivered the verdict on a batch of writ petitions challenging the ECI notification issued in June last year for conducting the SIR exercise in Bihar.

The Court ruled that the EC’s exercise neither violated any law nor breached Constitutional provisions. Observing that the SIR exercise was “a step towards an accurate and inclusive electoral roll,” the Bench said it “breathes life into the Constitution.”

The Court further held that the ECI had acted within its statutory powers while undertaking the exercise. “It cannot be termed ultra vires merely because the exercise differs from the routine revision process,” SC observed.

“We are equally satisfied that the object sought to be achieved by the SIR bears a direct nexus to the Constitutional goal of free and fair elections,” the Bench said.

The Supreme Court framed the challenge around four key questions before ruling in favour of the Election Commission.

1. Whether the SIR exercise was consistent with the Constitutional and statutory mandate of the Commission.

2. Whether the methods adopted had a reasonable nexus with the intended objective.

3. Whether the measures were necessary in the absence of alternatives.

4. Whether a fair balance had been maintained between electoral integrity and Constitutional rights.

“In the present case, the procedural safeguards introduced both by the Commission and pursuant to directions issued by this Court from time to time have sought to strike a balance between the need for electoral integrity and the protection of Constitutional rights,” the Bench observed.

“The process, as ultimately unfolded, provided multiple avenues for participation, correction and redress,” the order added.

The verdict brings to a close a year-long controversy surrounding the SIR exercise, which was first initiated in Bihar in June last year and later became the subject of intense political debate between the Election Commission and Opposition parties.

The ruling is a significant judicial endorsement of the Election Commission’s powers in carrying out electoral roll revisions.