theTripurapost News Images

EC Affidavit in Supreme Court: Voter List Revision Solely Our Domain

  • By Thetripurapost Desk, New Delhi
  • Sep 13, 2025
  • 798

The Election Commission of India (EC) has asserted before the Supreme Court that conducting Special Intensive Revisions (SIR) of electoral rolls is exclusively its constitutional privilege. In an affidavit, the EC warned that any judicial order directing such exercises would amount to interference with its powers under Article 324 of the Constitution, which vests the superintendence, direction, and control of elections in the Commission.

EC’s Key Arguments

Exclusive Right under Article 324: The preparation and revision of electoral rolls cannot be delegated to any other authority, including the courts.

Section 21 of the Representation of the People Act, 1950: No fixed timeline exists for voter list changes. Revisions must, however, be completed before each general, assembly, or by-election.

Rule 25 of the Registration of Voters Rules, 1960: Decisions on whether minor or major changes are needed in voter lists rest solely with the EC.

Legal Obligation: The EC maintains that keeping the voter list “correct and reliable” is its statutory responsibility.


The affidavit was filed in response to a petition by Advocate Ashwini Kumar Upadhyay, who sought a judicial direction for mandatory SIRs before every election to ensure that policymaking and politics are determined by Indian citizens only.

Supreme Court’s Aadhaar Direction

Earlier, on September 8, 2025, the Supreme Court directed that Aadhaar cards be made mandatory as proof of identity during the ongoing SIR in Bihar. However, the bench clarified:

Aadhaar is not proof of citizenship, only of identity.

The EC may verify the authenticity of Aadhaar numbers provided for voter list inclusion.


The Bihar Controversy

Bihar is conducting its first SIR since 2003.

The EC said the process aims to delete names of deceased individuals, duplicate voters, and illegal migrants.

Opposition parties allege a “politically motivated conspiracy” to disenfranchise citizens.

According to EC’s June 24 notification, the final voter list will be published on September 30, 2025.

So far, Bihar’s voter roll has shrunk from 7.9 crore to 7.24 crore, with nearly 65 lakh names removed.


The Larger Question

This clash highlights the delicate balance between the judiciary’s concern over electoral integrity and the EC’s insistence on its constitutional autonomy. With Aadhaar’s role being tested and opposition charges of disenfranchisement growing louder, the outcome of this legal tussle could have nationwide implications for how India manages its electoral rolls ahead of the 2026 polls.